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  • lyiu18
    02-22 07:04 PM
    I have similar question about EB2 and experience with current employer

    I came from China, so EB3 are really bad comparing with EB2

    As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?

    Will that be some problem, or is it legal?





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  • cygent
    04-01 07:43 PM
    Thanks,

    Ok, let me put it this way.

    Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.

    So in this scenario, is the any difference vs. filing concurrently or not?





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  • Bpositive
    03-05 08:13 AM
    My luck is just not good w.r.t GC. Afte long wait my spouse finally had received her FP notice and is scheduled for her FP in couple of days. But today she accidently burnt her finger and that too right at the spot where we give the FP.

    Guys , any suggestion as to what needs to be done. Should she still try to give the FP and see if it works. She has a big blister on her finger.

    Any similar experiences , please post.

    Yep..not to worry..just go there on the date of appt..they'll just ask you to come back when the finger heals...I cut my finger...officer made a notation on my form and asked me to come when it heals..I went after a month and got it done





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  • scorpioduo
    04-16 03:58 PM
    EscapeVelocity - I do not have a link to an official docuemnt but it is possbile subject to time availabel on your H1. - The amendment takes the same steps like a new H1 but is not subject to a CAP.

    I agree with GC Struggle here....



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  • h1-b forever
    01-04 08:29 AM
    Immigration legislation in Congress ended on a sour note in 2010. The DREAM Act, after narrowly passing in the House of Representatives, failed to get the necessary 60 votes in the Senate required to overcome a threatened GOP filibuster. Comprehensive immigration reform never even came to a vote in the last Congress.

    What will the outlook be for immigration legislation in the 112th Congress which convenes beginning on January 3, 2011?

    The biggest change will be in the House of Representatives where the majority, and the committee chairmanships, will change from Democrats to Republicans.

    Representative Lamar Smith

    Lamarsmith The new Chairman of the House Judiciary Committee will be Representative Lamar Smith (R-TX). On December 9th, Rep. Smith outlined his priorities for immigration policy as follows:

    "The enforcement of our immigration laws is critical to the security and prosperity of our state and nation. The House Judiciary Committee should enact policies that will better secure our borders and discourage illegal immigration, human smuggling and drug trafficking.

    "In the past five years, more than 28,000 people have been killed along the border because of drug-related violence. That includes more than 1,000 law enforcement personnel who have died.

    "Without increased border security, we risk letting drug-related violence spill over the border. American citizens should not have to fear for their lives on U.S. soil. If the federal government enforced its immigration laws, we could better secure the border and better protect U.S. residents.

    "Texans also should not have to compete with illegal immigrants for scarce jobs.

    "According to the U.S. Bureau of Labor Statistics, one million citizens and legal immigrants currently are looking for work in Texas. At the same time, according to a 2010 Pew Hispanic Center study, there are one million illegal immigrants working or looking for work in Texas. That is unfair to legal workers.

    "Worksite enforcement efforts have fallen dramatically since President Obama took office--administrative arrests are down 79 percent from 2008, criminal arrests are down 62 percent, and convictions are down 70 percent. That means it is easier for illegal immigrants to keep jobs that rightly belong to U.S. citizens.

    We could free up millions of jobs for Americans and legal immigrants if we enforced our immigration laws against illegal workers..."

    Rep. Smith supports:

    * State and Local Enforcement of Federal Immigration Laws (H.R. 4471)
    * Mandatory E-Verify on Employers (H. Res. 1026)
    * End to Birthright U.S. Citizenship (H.R. 1868)

    He is staunch opponent of Comprehensive Immigration Reform and the DREAM Act both of which he refers to as "amnesty". In 1996, he unsuccessfully attempted to greatly reduce the number of legal immigrants to the U.S. He was the chief architect of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a law which imposes penalties on immigrant families and strips thousands of immigrants of their ability to appeal the decisions of the USCIS and the BIA to the Federal Courts.

    Where does Rep. Smith stand on legal immigration?

    He has voted against increasing the number of employment-based immigrant visas. He believes that the number of refugees admitted to the U.S. is too large, and he opposes the visa lottery.

    Representative Steve King

    The person likely to become the Chairman of the House Immigration Subcommittee is an immigration restrictionist with enforcement-only voting record.

    Representative Steve King (R-IO) agrees with Rep. Smith on the need for strong border and workplace enforcement, mandatory e-verify and ending birthright citizenship. He believes that it would be easy to increase border security by such means as electrifying the border fence. As he recently stated in the House chamber: "We do that with livestock all the time."

    What does Congressman King have to say about legal immigration?

    "Immigrants have made, and will continue to make, a valuable contribution to our nation. I will work to develop an immigration policy that aids inSteveking the assimilation of newcomers by ensuring that the United States does not admit more immigrants than it can reasonably accommodate. Assimilation is valuable to immigrants who benefit from our shared American culture of personal responsibility, freedom, and patriotism. The values shared by our civilization, founded on a heritage of western civilization, religious freedom and free enterprise capitalism, serve immigrants and native-born alike. I am concerned that the recent rise in immigration levels in this country will make it difficult for newcomers to assimilate and find jobs. We must ensure cultural continuity for our great nation."

    Conclusion

    So, should immigrants and their advocates give up on the idea that any positive immigration legislation will be signed into law during the next two years?

    Not so fast.

    Members of Congress, whatever their ideology, must represent the interests of their constituents.

    You may be surprised to learn that Rep. Smith once voted to increase the H-1B cap. Of course, one of the largest computer companies in the world has a plant located in his district.

    When Rep. Bobby Rush (D-Il), a former Blank Panther from the south side of Chicago, pushed for a special bill to allow a hospital in his poverty-ridden district to employ foreign-born nurses, Rep. Smith agreed to co-sponsor a bill with him which created the H-1C program for RNs. And although only a handful of hospitals across the country met the law's strict criteria, some of the qualifying hospitals are located in Rep. Smith's district.

    And when a hospital in his district desperately needed to hire a Canadian physician, Rep. Smith introduced an amendment to the immigration laws in 1991 which lifted the ban on foreign-born physicians being able to qualify for H-1B visas.

    So, perhaps the door is not completely closed to any positive immigration legislation in 2011 and 2012.

    Time will tell.

    From Carl Shusterman blogs





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  • mhtanim
    06-30 02:04 AM
    Your H-1B stays valid for as long as it is approved, even if you enter using AP.

    If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?



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  • kaisersose
    06-14 10:16 AM
    I am planning on buying a house in 30 days. My company would be paying me about 2500$ rent for renting out a part of my house. This is what made me think that I would actually be able to afford house in NJ.

    That is good, but be prepared for the possiblity of the company changing its plan to rent your place, at some point. Hopefully, it never happens, but just be prepared anyway.

    How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(

    CPA question.

    Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?

    I bought a home a couple of months ago with a 2007 PD and had no trouble at all with mortgage.

    did you guys specified non resident alien in your mortgage application and did it have any affect on rates?

    No impact.





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  • lj_rr
    07-30 10:24 AM
    This is what the FAQ says

    "Q5: Where should employment-based adjustment applications be filed?
    A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."

    Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
    This is what is confusing me.




    Please see Q5 & Q6:

    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    Also FAQ2 for your reference:

    http://www.uscis.gov/files/pressrelease/FAQ2.pdf



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  • tinuverma
    10-23 04:36 PM
    Hello OP,
    Here is what I did. I have mentioned some tips for you to save money:
    Fly to Tulsa. There is tonnes of BUS service from Tulsa to Nogales(AZ). It is damn cheap..I think $10.00
    They will drop you at the border. Walk to the other side.
    YOU DONT NEED VISA TO GO TO MEXICO IF YOU PLAN TO STAY IN NOGALES ONLY.
    I did get a visa but was told it is not needed. No one cares...you can simply walk over..no one will check either.
    Cab costs anywhere between 7 and 10 to go to USA consulate.
    There is a local bus like blue line in delhi that can take you there too. It is not worth it though. Chances are high that you will get your visa the same day. If not, you can rent hotel for anywhere between 30 and 50.
    Take cab come back to border. Walk over...do the same immigration process like you would do at any airport.
    Someone up there is right..be prepared to face atleast 150 to 200 Mexican H2 or H3 ...workers. This will be the longest part of your journey.
    No need to get any mexican currency. They gladly take USD.
    To use your cell phone, come to the border..its a regular within 50 states call from there....as soon as you go like 1 mile inside, you loose signals. Then it becomes international call.
    Don't drink water there...drink beer.
    If you have any other questions or if I missed anything else that you wanna know..feel free to ask: tinuverma@gmail.com

    Good luck.
    D





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  • monkeyman
    09-27 03:36 PM
    It takes 15 minutes at Boston ASC and you are expected to arrive 5 minutes before appointment just so that you can fill up a form. And you can take any copy so long as it has your name , Case # and A# on it. Its a simple process - no sweat!!!



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  • dummgelauft
    04-30 08:50 AM
    I had said this all along. Nothing is going to happen. Not now, not ever, atleast for a long long time.
    Happy Friday. Those who are disappointed, it comes at an appropriate time of the week to drink Daroo to forget the disaapointment..





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  • spicy_guy
    09-08 05:44 PM
    Hi all,
    I know the Forums are still pretty active but is the IV Organisation itself still active?

    I came across the IV website yesterday and was really stuck by the mission statement of the Organisation. I did not think twice - went ahead and got registered and made one time donation. I even voted for one of the polls for Sep 18 rally and making plans to visit DC but only to realise today that it was really old one :) Also when I was reviewing the forums today I realised that most of the activities seem to be around years 2006-2007 - like Fundraising Campaign or Media News ,etc.

    Appreciate anyones response to let me know if IC is still active. Please do not direct any personal attacks. I did not need to explore GC info so far since my GC was started only during March of 2010 & got my Lc approved only yesterday.

    If the organisation is still active, I am looking forward to joing the CT chapter. Thanks!

    It IS active.
    Welcome and good luck!



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  • kaylamarie
    01-27 11:54 AM
    Hi All,

    I am currently on h4 visa and have been searching for a h1 sponsorer to do h1 workpermit visa in the coming april 2009 lottery (if there is one).

    I am very new to understand the rules and regulations and seek help from experienced folks here.

    1) If i file a non-profit h1b visa , i was suggested that i can work immediately, is that true?

    2) If i file a normal h1b visa, now in the april 2009 lottery, is it ok for me to go back to home country after filing the visa, because even if it gets selected and approved in lottery i can work only from oct 2009 right, so what happens if i go to home country, how can i get stamping because i have not yet started work and will not have any pay stubs.

    3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.

    I am not in software field, i am in to bio technology and i am looking for the post of clinical research coordinator or clinical research associate CRA , CRC.

    If any of you know any company which does h1b for CRA, CRC it would really be helpful if you could post me the link of the company here.

    I know this is a immigration site and not a job search, but i have lost all hope of working here since i have exhausted my search on monster , craigslists indded and other sites.

    Am not able to find out who would sponsor h1b for clinical research, so am posting here.

    Please help with any info you have. Thanks for your time.





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  • Carl2k
    11-03 01:34 AM
    Im interested. Need time to fill up. Pulling my hair out with all this free time of mine.



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  • rdx0
    01-10 01:18 PM
    have you considered asking your client to hire you effective jan 20, but take unpaid leave until jan 25 or whenever they are ready to hire you?

    That would have worked if the Client had already finished the hiring process and filed for my extension b4 my I-94 expires on Jan 20... I am yet to appear for the interview, it is just that i have some strong references (and they have multiple openings) so I have extremely good chances of getting hired ... so, no, this idea won't work :(... Jan 25th was just a imaginary date that i gave... the hiring process may take couple weeks more than that (yup, unfortunately, it's that slow) ... I was just trying to find out what are my options after Jan 20... would I be just stuck with this staffing company or could I have the Client file for my extension... if it is legally not possible then I might as well just forget about this opportunity :(





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  • chanduv23
    02-09 02:40 PM
    willgetgc2005

    Check this Out:
    Q. How do I make a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


    Your name and address,
    The attorney�s or representative�s name and address,
    An explanation of the circumstances and details of your complaint, and
    Your signature.
    Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

    Correspondence between you and your attorney or representative,
    Documents concerning the underlying immigration case (including the case name and number), and
    Copies of filings in connection with the case.
    Neither EOIR nor DHS can accept complaints over the telephone.
    Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm

    =======================

    Thanks a ton for the link. This will definitely bring shivers to those belligerant lawyers.



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  • chanduv23
    11-18 03:11 PM
    Dear Members,

    One of the IV member recieved a phone call from Ombudsman office and is as follows.

    -----------------------------------------------------------------------
    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.

    ==================
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    (cmp)
    ----------------------------------------------------------
    The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.

    With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters

    Great job folks. Not only Ac21 issue, but if there is any other issue, please lodge a complaint with the Ombudsman's office.





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  • kishore.salla
    11-07 11:14 AM
    Hey indyanguy,

    Me too in the same boat, got Masters in US, unfortunately got stuck in EB3 due to ill advice attorney.

    Please share any more useful information on this.

    Thanks.





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  • apoojo
    08-24 02:01 AM
    Thanks for the reply, hibworker.

    Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.





    thomachan72
    09-07 11:30 AM
    Do you have a valid AP?
    If not, how is it possible to enter the country?

    It seems to be a complicated situation. What status are you in now? Dont you have an AP/EAD? Is it expired? Please provide more details here and also if you obtain any legal advice post that here also so that others know.





    kaisersose
    07-02 03:46 PM
    USCIS and DOS played ping pong on us.

    USCIS played June Fool.

    We are panned.

    I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.

    I planned to leave my company in 6 months. Now again I am struck.

    I decided to marry a girl just because the dates are current. Now I am struck.

    Oh USCIS(GOD)!!, Why did you do this me?

    You decided to marry a girl because your PD was current, married her and promised her you would get her an EAD in 3 months...and you did all this in 2 weeks ???

    Man! You are fast!



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