Sunday, June 12, 2011

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  • abhishek101
    05-01 07:57 AM
    They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
    "Card production ordered/Oath Document sent".

    It is just misleadig for a lot of people they can misread it as the PR card.





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  • vinayh
    11-18 09:30 PM
    I recently booked visa appointment at Chennai.
    1. Use IE. I had issues with firefox
    2. You will be allowed to pick the appointment date at the very end. In fact that is the last step of the online visa appointment booking process.





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  • cdeneo
    03-04 07:59 PM
    Is there a way to find out if one's FP has cleared or not? I guess infopass appt may be one way - just wondering if there was an easier way to know where one stands ...

    Thanks!





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  • lazycis
    01-04 01:06 PM
    Here is what I usually submit:
    1. A formal invtation letter addressed to American consulate.
    2. I-485 receipts for me and my spouse.
    3. Latest paycheck.
    4. An employment letter from my company.

    It never failed so far (3 different parents visiting 6 or 7 times), but again, it's just my personal experience.



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  • andy garcia
    09-27 02:07 PM
    "Flight Capital: The Alarming Exodus of America's Best And Brightest" by David Heenan describes how many other countries are working to become world leaders in technology. Because of new opportunities in their native countries, fewer ultra-high-talent foreign students are seeking higher education in America.

    What isn't well understood by most Americans is just how dependent America is upon imported, foreign talent.

    Heenan writes: "Today, the country continues to benefit enormously from being a magnet for inventive and ambitious people who stimulate the economy, create wealth, and improve overall living standards. Chinese and Indian immigrants run nearly a quarter of Silicon Valley's high-tech firms. Half of the Americans who shared Nobel Prizes in physics and chemistry in the past seven years were born elsewhere. Nearly 40 percent of MIT graduate students are from abroad. More than half of all Ph.D.s working here are foreign-born, as are 45 percent of physicists, computer scientists, and mathematicians. One-third of all current physics teachers and one-fourth of all women doctors immigrated to this country."

    Many talented students come to America, because America has the best graduate schools in the world. That strength gives America a brain influx from other countries. But, other countries are catching up. We learn the Indian Institutes of Technology are more difficult to get into than MIT or Harvard.

    This guy needs to talk to Lou Dobbs:D
    ---





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  • whereismy_gc
    06-06 12:02 AM
    Good job Pratik. we should grab every opportunity we get to voice our opinion even though this TV interview was mostly on H1B visa cap and increasing the cap. Only 10 seconds or so were given to the lengthy green card process. Increasing H1B quota is not a solution for us. It would infact increase our wait times and backlog of applications. it is in the interest of Hi-tech companies to have the h1b visa quota increased so that they can get more skilled workers. However they know that once they have an H1B worker, they will have that worker for many years due to retrogression. Thus retrogression is not a BIG news story. We need to highlight the greencard quota issue and not confuse it with the H1B quota issue. I feel these are 2 different things. After watching the SJC and Senate proceedings I feel Retrogression and greencard quota issue needs more awareness and education amongst lawmakers so that it is not confused with H1B visa quota.
    I think the whole point of increasing the H1-B quota and at the same time not easing the GC processing leads me to think that US high-tech companies are looking to employ Hi-Tech slaves just as they did when the U.S economy was largely dependent on farming industry, during the 19th century.

    It's in their blood, and no one can get that out.

    Get that point!!!

    I think we need to get out on the streets!!!!



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  • desi3933
    06-25 07:24 AM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor’s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation “B-1 in lieu of H.” These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.

    >> When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    This is the key here. One must declare that he/she will perform H1 like work at time of seeking short term B1 visa.

    Not a legal advice.
    ----------------------------------
    Green Card holder since May 2002





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  • jsb
    08-21 09:38 AM
    still waiting
    I am not far behind you.



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  • regacct
    09-07 08:34 AM
    Hello,
    Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
    What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
    Thanks.

    Do you have a valid AP?
    If not, how is it possible to enter the country?





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  • h1bmajdoor
    09-26 08:17 PM
    I had a positive skin test & doctor recommended the 9 months tb treatment, but I applied for I485 & EAD because the doctor did provide me with I693 sealed envelope.

    Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.

    Thanks,
    Nileshup

    almost every foreigner has a +ive reaction. this is because we are vaccinated (BCG).



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  • Ann Ruben
    07-22 12:57 PM
    You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)

    If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:

    "Question 7. Should service centers or district offices deny a request for an H-1B extension
    beyond the 6-year limit where the labor certification or immigrant petition from an
    employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
    ago?
    Answer: No. The statute does not require that the labor certification or immigrant petition must be
    from the same employer requesting the H-1B extension."

    Michael Aytes
    December 27, 2005
    HQPRD 70/6.2.8-P


    USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:

    "If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)

    Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.

    Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.

    Hope this is helpful.





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  • roseball
    07-10 08:54 AM
    Hello,

    One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
    I think this is more of ignorance about EAD.

    Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.

    You can show them I-9 form where it list EAD as acceptable document for proof of employment eligibility.



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  • mandyharper
    November 9th, 2004, 11:20 AM
    Thanks for that, it makes perfect sense - I was leaning towards new anyway as there were no deals to be had.
    Thanks

    Nebraska Ap ( I-131) [Archive] - Immigration Voice

    View Full Version : Nebraska Ap ( I-131)






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  • rangaswamy
    02-12 04:13 PM
    Hi,

    I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?

    Thanks

    Nebrasaka takes anywhere between 3 to 8 months. Texas takes anywhere from 12 days (in my case) to 2 months.
    Texas is much faster.



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  • srarao
    08-18 12:01 PM
    Hi
    http://www.immigration-law.com

    --must be of great help
    -Rao.





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  • ragz4u
    02-24 12:46 PM
    ragz4u, ...you pipped me to the post..hehe..:)


    Thanks, this is very informative!

    In any case, as per Shusterman.com, this bill will be tabled to the Judiciary committee on March 2nd. Today is Feb 24th. That leaves us only THREE working days to pass on this information to the committee members. We need to do something drastic to make our point.

    All the members of IV, wake up! This is the time to fight. The anti-immigrant lobby will be getting very active in the next few days. We need to do the same



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  • DallasBlue
    06-24 12:30 AM
    Sorry to hear that !!

    Medical records are initial evidence. what it means is, that you must submit the medical records with the 485.
    If you can attach some report from doc saying that it is curable or is of less percentage and blah blah blah .... as said earlier you can send in the clear report later.

    hope you get out of this soon!!!


    Just seek legal opinion and second medical opinion too.





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  • ThinkTwice
    11-29 06:37 PM
    My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.



    I was in a similar situation.. not exaclty the same...
    I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.

    - I called my unversity and asked them to send me a detail syallbus of the courses I attended
    - A letter from a third part evaluator
    - An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
    - A detailed letter from the attorney.

    looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.





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  • liberty
    05-07 10:28 AM
    Currently I am in EAD, i-485 filed in July 2007 (EB3 ) and Pending. I have changed job. I would like to know the latest rules. Is it necessary to file AC21 in my case? If yes, please let me know which form I should use.





    kiran_k02
    05-12 09:24 PM
    Does frankfurt require transit visa if some one is traveling to India if:

    A) While going to india and have H1/H4 valid until 2011, but stamping expired.

    B) while coming back to USA if I am planning on coming on Advance Parole ?

    How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.

    <edit> This is what I found on the germany.info site

    "Indian, Turkish, Nigerian and Ghanaian airport transit travelers who

    - are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit

    or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"

    </edit>

    I travelled through FrankFurt to India( enroute to India, I did not have valid visa on my passport) and back with stamped Visa. I had AP but did not use it.

    My advice to you, don't worry about it. You do not need transit visa.

    KK





    chanduv23
    09-14 12:07 PM
    So when are you all starting ?

    Come on, lets not say 'nay' anymore



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