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  • nozerd
    11-17 11:44 AM
    Do you agree with this statement

    If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. If there is no reform by January 2008 its not gonna happen.

    Thanks




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  • gk_2000
    08-10 08:45 PM
    You can read the details of the bill at

    Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)

    Apart from the provisions mentioned in my previous post, there are other favorable provisions too.

    Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently




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  • fromnaija
    07-31 11:06 AM
    Hi,

    My wife is on H4 and I am on H1. We both have EAD. How ever, I have not converted to EAD and intend to be on H1 till i get my GC. Also our H4 and H1 3 year extensions are pending with CSC. My wife has a job offer for which she will need to use her EAD. The question is:


    1) Can she change her status to EAD while her H4 extension is pending ?

    2) Will her working on EAD jeopardise her H4 extension adjudication ? We want to maintain valid H4 as a backup.


    3) What is the process for her to convert from H4 to EAD. Do we have to inform uscis ?

    4) Is required, can she change her status form EAD to h4 (if we maiantain valid H4 as well)


    Your quick response is appreciated. Thank You.

    As far as I know, EAD is not a status but an interim benefit based on the fact that you have a pending adjustment of status. I believe your wife could work and this will not jeopardize your status. (Please note that I am not a lawyer. My answer is based on common knowledge and you may want to ask a lawyer for a legal opinion).




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  • cleopatra
    02-17 08:36 AM
    Story 2

    Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.

    "You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.

    I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.

    After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.

    There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.

    At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.

    But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.

    But then I realized, this green card was very dear to me and I had waited patiently to get it. If I do not work towards something that I wanted, who would?

    So I participated completely and did as much as I could to help myself. Our group suceeded and I got my green card. I could continue living the life and dream I wanted.

    When I think back about what went right, I realize now that the reason is I saw the opportunity that presented itself to me - To join others and work together to resolve my problems and grabbed the opportunity and utilized it to my benefit.

    Thinking back, it was actually a no brainer. Once I realized that if I did not do something, nothing was going to change, I started participating. I guess others also thought of it the same way.

    So there was a big crowd in the capital and we explained our problems. It was a sizable number of people explaining the problems. Others who could not make it to the capital contributed in other ways for the event.

    So our problems were recognized and addressed. I got my greencard and later citizenship of this great country. Remember, it was not an easy journey, but once I decided to participate and resolve the problems, it became easy.

    It was a pain to wait for my green card. But once I started participating and working towards the solution and I guess others must have also thought similarly, I was able to get what I wanted.

    So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."

    Which of the above stories do you want to be in?

    Be active. Participate.



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  • rb_248
    11-17 02:27 PM
    My company is layingoff people. We have been through 5 rounds of layoffs. They have asked all the H1Bs to hold off until about 6 months after the final layoff is over. They have issued written memos to all my cols in H1B stating this reason. Truly unfortunate.




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  • san3297
    06-29 03:36 PM
    Hi Martin,
    Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.

    If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.



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  • babu123
    08-20 03:14 PM
    I got name check information atlast today. Its cleared
    Still waiting for GC Approval. God knows when it will get approved.

    Labor Priority Date: May 24, 2006
    I -140 Approved: Oct 2006
    I-485 RD July 2, 2007
    I-485 ND Aug 27, 2007 with SRCXXXXXXX




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  • indyanguy
    11-14 10:38 AM
    1. Is this because B is the "future" employer? In the usual scenario, if B were the current employer who responds to the RFE, can I switch to C within 6 months of joining B?

    2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?

    At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.



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  • perm2gc
    06-15 01:53 PM
    can you guys suggest how to proceed with my cases... where i am totally screwed up.
    When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
    Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.
    Call him and say that by law he has to give otherwise you will reply to RFE from USCIS stating the reason"ex-employer not giving the employement letter" with full details of the company.




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  • sayantan76
    07-21 08:51 AM
    Normally my wife is the one who is used to post or follow up on the latest here.

    This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

    Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

    Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

    Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

    One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
    wow - thats a new one.......and really intriguing........one could argue that if a work can be done remotely - then why should the work be located in United States at all and hence - why the need for a visa? on the other hand - that would be totally counterproductive as companies would use the logic to outsource work outside the country and result in reduction in number of employees who pay US taxes.......



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  • anu_t
    06-17 01:31 AM
    I wanted to ask IV if there is anything we are doing for people like me.
    After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
    So If the bill passes I even can't apply for LC and so force to go back after 6 years.
    Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
    Are there ANY people left like me?




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  • lost_in_migration
    05-15 09:31 AM
    You have a good suggestion but it only allows at the most 10 options :(

    Due to PD movement, to track exact status of how many guys are "already in Que" and how many guys want to "join" the Que, we needs to have two more options e.g. -
    - India PD current & I-485 already filed (guys already in Que)
    - India PD current & I-485 NOT filed (guys want to Join the Que)

    This will help to know how many guys are in que, how many VISA's are available (as per USCIS) and then we will have some "guess" work on how PD will move ahaead in upcoming months!!



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  • sanju
    02-11 10:48 AM
    thank you for repply.i try to stay legal here much as everybody but sistem work slow and put me out only for 3 monts. since then i fight to get my statu back .and i will get it back soon or letter.
    thank you for tread me like humanbean.



    and for others people here..
    one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
    i hope you guys get you gc soon..
    no more post for me .goodby

    You jerk, disappear in vacuum. I can smell idiots like even on the world wide web. Get out of here you ba$tard.



    .




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  • chanduv23
    11-06 10:09 AM
    Jet airways resumed new service to US recently. That's why you couldn't find many people traveling by Jet airways. I heard the flights are new, service is good and the travel is quite comfortable. I am travelling to chennai from EWR end of november and am looking forward to the trip.

    Great to know, now I feel comfortable :)



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  • hydboy77
    06-22 07:19 PM
    good one. Here is the schedule for USCIS
    2009 Pre-Adjudicate 485
    2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
    2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
    2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
    2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
    2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485

    and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.

    Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.




    I was thinking on how USCIS may be working.. heres my thought.

    Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"

    Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.

    Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.

    To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.

    :D:D:D:D:D:D:D:D:D




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  • lost_in_migration
    05-14 09:34 PM
    /\/\



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  • Berkeleybee
    05-24 11:33 PM
    To reinforce our fax campaign, we should start calling the senators and start reinforcing our message to them. Please do not hesitate or be shy of doing this. Now is the time that you can make a difference.

    Please stick to directions and talking points, stay on message and be calm, polite. Avoid sarcasm and rhetoric at all costs even if they disagree with you completely.

    Here are the instructions of what you should do

    Call the Washington DC Phone numbers of the following Senators. Check this post during the day because we may add to this list:

    We want to reach them as early as possible before the vote on the Bingaman Amendments S.A. 4181 and 4182 take place. The Senate reconvenes at 9:15 am tomorrow (May 25, Thursday), we do not know at when the vote on these amendments will take place, so call as early as possible:

    • John Cornyn (TX) - 202-224-2934
    • Ed Kennedy (MA) – 202-224-4543
    • Arlen Specter (PA) – 202-224-4254
    • John McCain (AZ) – 202-224-2235
    • Larry Craig (ID)– 202-224-2752
    • Lindsey Graham (SC) –202-224-5972
    • Jeff Bingaman (NM) - (202) 224-5521
    • Dick Durbin (IL) – 202-224-2152

    WHY IT IS OK TO CALL SENATORS WHO ARE NOT FROM YOUR STATE

    Even if a senator is not from your state and if that questions comes up during phone call, explain the reason for calling by saying that "Since Immigration laws are federal laws and every senator's vote affects us in all 50 states, your time and the senators support would be highly appreciated".

    Once they pick up the phone:

    1. Introduce yourself

    My name is _______ I am a member of a volunteer organization called Immigration Voice which advocates legislative changes for improving the GC processing for legal immigrants.
    I have been a legal resident of the USA for x years and my employer is sponsoring me for a greencard.

    2. Ask for the Immigration Counsel/ Staffer

    3. Talking Points

    • Very Briefly Express Overall Support for the Bill

    Request the Senator to support the Comprehensive Immigration Bill, especially those provisions that support the highly skilled immigrants. Reiterate that all of us are LEGAL immigrants and have obeyed the laws of immigration at all times. Reiterate the fact that many of us have been waiting here for more than 5 years to get our green cards.

    • Oppose the Bingaman Amendments S.A. 4181 and S.A. 4182

    At present the CIR bill has a provision of not counting dependents against the cap. This is the way it should be because employment based visa quotas are properly meant for essential highly skilled workers, they shouldn’t be wasted on their dependents. After all the American business that is trying to stay competitive by hiring this workers is petitioning to get a skilled worker, not a dependent child.
    The Bingaman Amendments S.A. 4181 and S.A. 4182 try to once again include dependents in the calculations of the annual quota for employment based highly skilled workers. This is harmful for American competitiveness, and will waste visas meant for highly skilled essential workers on their dependents.

    Urge the Senator to vote against these amendments. Remind them that Sen Bingaman’s own PACE Education bill (S. 2198) does not include dependents in the calculation of the annual quota for high skilled workers.

    • Thank the staffer for their time.

    Post Here. Once you have called these senators, post back here so that it will motivate others to do the same.




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  • martinvisalaw
    02-23 06:10 PM
    so assuming all goes well i would be protected from deportation from the time of filing until decisions are made?

    No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.

    The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.

    I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
    __________________




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  • Chicago Desi
    03-31 11:16 AM
    Im on my 8th year on H1. still stuck in Labor :(

    My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!

    If after getting promotion your duties change dramatically, say from a programmer you get promoted to manager then you need a new H1. Otherwise, its only the gradual change then every thing is OK. For example, from progammer you are promoted to sr. developer :)




    cox
    June 20th, 2005, 11:47 AM
    Wow, a pdf! You should start a service! I'd love the step-by-step if you don't mind. I'm not getting the knack of this too quickly. Thanks!




    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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