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Blog Feeds

07-04 07:30 PM

Leave it to comedian Stephen Colbert to send home the point that comprehensive immigration reform - particularly plans to legalize millions of farm workers - will not result in Americans losing jobs. From the AP:In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs. Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy, said Arturo Rodriguez, the president of the United Farm Workers of America. So the group is...

More... (http://blogs.ilw.com/gregsiskind/2010/07/colbert-come-on-americans-take-our-farmworker-jobs.html)

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aj130346

01-06 11:02 PM

Bottomline - if you are considering converting your LC case from TR to RIR, then your employer must send an email to DOL by Jan 20th and complete recrutiment process by April 1 ( or else case will be closed without recourse to appeal).

for details
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf

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parag_a2z

12-19 02:30 AM

Hi All,
I have H1B stamped from company A which is valid untill Oct 2008. I am planning to go to India in Jan on my new transferred H1B from company B.

Do I have to take an appointment in India for getting my new H1 stamped? Or can i just show my new approved H1B from company B on my port of entry in US, when I come back?

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01-11 06:06 PM

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vxb2004

10-11 08:16 PM

Yes you can..but you will lose your H1B status. Read this article..very informative.

http://www.hooyou.com/h-1b/I-485%20filing%20memo.htm

Good Luck

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imh1b

12-06 08:20 AM

MA members should actively meet with Sen. Brown

Brown: Immigration reform should focus on economy - Boston.com (http://www.boston.com/news/local/massachusetts/articles/2010/11/12/brown_immigration_reform_should_focus_on_economy/)

Why just MA members?

We should all be meeting our Senators.

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04-04 09:08 PM

In that case, let's say your Combobox is called cmbBox and your Listbox is called lstBox. The code for displaying all of the items from the Combobox into the Listbox would be:


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today24

11-17 07:54 PM

Hi,

I am going back to India by next week. But my L1B extension is still pending (We applied for ext., before it expired and recieved RFE and responded. So as of now its more then 6 months from the date of I-94 expired and still my petition is in process).

My question is,

- while going back, do I need to show the copy of reciept in Port of Entry? (as I need to return my I-94 which is expired long back)
- Will it create any problem when I apply for extension again?
(My employer say, it shouldn't be a problem as I will have Approved/Denial notice which prove that I maintained legal status)

Or is it worth to wait here until I get the decision? (as I may cross 240 days by Jan, I am not sure whether the decision will come before that)...
Please adivce.

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December 6th, 2003, 09:16 PM

The images from the Nikon D2H - Canon 1D and 1DS shoout have now been posted.

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06-18 10:49 AM

Does the I-485 filing date matter? i.e. If one person files their application on July 1st and the other files on say July 25th (due to some reasons), will their I-485's get processed in FIFO?

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H1B-GC-NY

06-18 08:50 AM

Category: EB3 - PD: July 2003
Processing Center: NSC
I-140 application: Oct-2006
I485 application : July-02-2007
I140/I485 denial : April 2008
MTR application : April 2008
I485 reopened : June-2008
I140 approval : June 2008
I-765 [EAD] : Delivered September 2007

Question:
NSC is now processing July-28-2007.
Which is the processing DATE for my I485?
- PD
- I485 application
- I485 date the case was reopened
:confused:

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DhanMary01

01-15 12:16 PM

I have filed for the 7nth year extension based on my pending labor (365 days old). The perm is picked up for an audit. Incase if the perm is denied, will h1b also be rejected ?

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10-04 01:01 PM

Is there anything in particular you are looking for? :)

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mrajatish

05-17 10:38 AM

The answer to using PD from previous 140 is:
"It depends".

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tennisfan

05-08 09:59 PM

Hello,

I filed 485 and also obtained EAD and AP. My wife has her own H1b through her employer, but used the AP from my 485 application once to enter the U.S., so right now her I94 shows an �AOS� status without an expiration date. Now her employer just filed H1b extension for her and the case is still pending.

My question is:
1) Can she travel internationally while her H1b extension case is pending and come back using AP? I was told this could void her H1b extension application according to the �last action rule�, is that true?

2) If 1) will be a problem, could it help if she stays aboard until her H1b extension gets approved and have the document mailed to her before she comes back?

Thanks a lot

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number30

03-16 04:53 PM

I believe working on 1099 is allowed when you have the full time work on H1B going.

There are different types of 1099. 1099-Misc is not allowed. 1099-Int , 1099-G are the examples of allowed 1099s

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jay75

09-21 06:48 PM

NSC Received my AOS apps. on Aug 10th
I140 Approved 11/2006 from NSC
EB3 Ind with PD 10/2004

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mgakhar

04-03 08:16 PM

Hi All,
Im in the process of filing a new GC in EB2 category which eventually I will port to my older EB3 application. I wanted to find out if we need to do our Medical exam again during the I-485 stage?

Thanks,
M.

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Blog Feeds

07-06 02:40 PM

From the NY Times: Seeking to inject their views into the revived debate over immigration overhaul, several big-city police chiefs urged Congress on Wednesday to draft a new policy that improves public safety by bringing illegal immigrants out of the shadows. The chiefs � updating recommendations made in 2006 by the leaders of more than 50 urban police departments � called for an overhaul that would integrate immigrants into the legal system, possibly with driver�s licenses, and separate the local police from immigration enforcement. �We�re in the business of delivering a police service whether the person has had a car...

More... (http://blogs.ilw.com/gregsiskind/2009/07/more-top-police-chiefs-back-immigration-reform.html)

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eagerr2i

07-18 07:14 PM

Let the EAD expire, it makes more sense to use H1B when you enter the country. EAD and Advance Parole should be avoided and be used only as a last resort in extreme cases beacuse of the way immigration rules are carved.

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Blog Feeds

05-03 08:40 AM

This past week we saw people from all walks of life debating about this unreasonable law. Even Arizona law enforcement personnel feel that this is going to create more harm than good. The shine of light to the Arizona law - if there is one - is that it has shaken our nation's leaders into dealing with the need for immigration reform. In large numbers in Arizona and nationwide, people have turned out protesting the law. For more information about the new Arizona Law email me.








More... (http://www.visalawyerblog.com/2010/05/san_diego_immigration_lawyer_p_1.html)

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abcdefg

08-10 06:14 PM

Hi folks,

My company filed for I-485 on July 2nd and I am yet to get a receipt for the same. I understand that usually it takes 1-3 months to get FP request after filing I-485 but in these circumstances, what should be the expectation for receiving FP request?

The reason for asking is because my wife is tired of waiting to do a job and is planning to go to India and work there until she gets EAD. If she leaves now and we get a FP request in her absence, what are my options?

1) Can I delay the FP appointment?
2) Can I go alone and have myself finger-printed (assuming that wife doesn't want to come back to US, that is, not interested in GC anymore)?
3) How does it impact EAD/AP which have not been filed yet but will be filed after getting the I-485 filing receipt.

Thank you in advance for your responses.

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Blog Feeds

04-30 10:20 AM

MALDEF, the American Civil Liberties Union, the ACLU of Arizona and the National Immigration Law Center (NILC) have announced that they will hold a news conference tomorrow morning on the steps of the State Capitol in Phoenix to announce they will sue to overturn SB1070. The groups will challenge the law on constitutional grounds.

More... (http://blogs.ilw.com/gregsiskind/2010/04/advocacy-groups-announce-plans-to-sue-arizona.html)

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04-28 08:43 PM

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07-19 02:30 AM

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04-02 10:04 PM

Hi there,

Please correct me if i am wrong.

WH-4 Time line is within a year, means if betrayel/non payment happened with in a year from the date of reporting it will be investigated, and YOU CAN FILE WH-4 FROM OUTSIDE OF US ALSO, if your consultant company sent you back with fake commitments.

But not sure if your h1 still have time, after DOL complain, you can transfer it or not??

Anyone has any idea???

This could have been usefull to ariesbkk18.

Please confirm if this is correct.

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simplequestion

03-15 09:18 AM

I am trying set up an appointment for the last week of April (Apr 27-May 1) in Matamoros, Mexico and came across the following website about their wait times:

http://travel.state.gov/visa/temp/wait/tempvisitors_wait_result.php?post=Matamoros&x=46&y=12

For Matamoros, it says

Typical Wait Time (Calendar Days*) for a Nonimmigrant Visa Interview Appointment

Visitors Visas: 15 Days
Student/Exchange Visitors Visas *** (Excludes: A, G, K, and V): 15 Days
All Other Nonimmigrant Visas: 15 Days

Typical Wait Time (Workdays**) for a Nonimmigrant Visa To Be Processed****: 28 Days

1) Does it mean that I can setup my H1-B Visa Appointment only before 15 days of Apr 27th?
2) What does Typical Wait Time (Workdays**) for a Nonimmigrant Visa To Be Processed****: 28 Days mean? Does it mean that it will typically take 28 days to get Visa stamping after your interview?

Thanks

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07-14 07:51 PM

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sdckkbc

01-09 05:59 PM

I am working for a consultancy company at direct client location. My client has filed a H1B transfer petition for me with job title as Lead Business Analyst. My current job title with consulting company is programmer analyst. My question is that if I go for visa stamping with new employer�s I797, will I have any issues in visa stamping if they see the change in job title from programmer analyst (consulting company) to Lead Business Analyst (Full time)?

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H1 visas allotted to Non profit organizations are not counted against the fiscal cap.

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pappu

11-16 09:27 AM

Hello,

Good article to read

http://news.yahoo.com/s/ap/20061115/ap_on_bi_ge/venture_capital_immigrants_1

-M
already discussed yesterday in news article thread. thanks for pointing it out.

---

pappu

08-04 04:07 PM

http://www.uscis.gov/files/article/f_english.pdf

The post office cannot forward your card. If there is a name
other than yours on the mailbox you use to get your mail,
the post office will not deliver your card. In either of these situations,
they will return your card to us as undeliverable.
- If you move before you get your card, notify your post
office, but also call our customer service number to update
your address and emphasize when calling that you are waiting
for your card.
- If you are living with someone else, and that person’s
name is on the mailbox, we recommend you add your name
to the mailbox, or you run the risk the post office will return
your card to us as undeliverable

Something I found on USCIS site. Not sure if it applied to just the greencard or the EAD card as well. But this is a good tip.

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Blog Feeds

10-23 09:20 AM

A study done last year by the U.S. Citizenship and Immigration Service ("USCIS") found as many as one-in-five H-1B applications were affected by either fraud or "technical violations," of the H-1B program. This may be the impetus behind USCIS� increased anti-fraud enforcement efforts. Whatever the reason behind such stepped-up efforts, there is no doubt that the USCIS has begun making more and more "surprise visits" to the U.S. work sites of companies that sponsor H-1B visa holders. The Office of Fraud Detection and National Security ("FDNS"), a division housed within USCIS National Security and Records Verification Directorate, was created in...

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11-09 03:40 PM

Immigration Lawyers Blog Has Just Posted the Following:
President Obama signed a Department of Homeland Security (DHS) FY2010 spending bill on October 28, 2009 that extends various immigration programs through 2012, including non-minister religious workers, E-Verify, and EB-5 visas. The law also allows the immigration service to continue...

President Obama signed a Department of Homeland Security (DHS) FY2010 spending bill on October 28, 2009 that extends various immigration programs through 2012, including non-minister religious workers, E-Verify, and EB-5 visas. The law also allows the immigration service to continue processing the green card applications of surviving spouses whose husband or wife dies during the adjudication process.



More... (http://www.immigrationlawyersblog.com/2009/11/obama_signs_homeland_security.html)

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12-19 09:28 AM

If it was filed in the EB2 category, it is likely that they picked the case for a random audit. EB2 labors do get audited during PERM processing to ensure that the case does meet eligibility requirements for EB2. There is no clear pattern to this auditing though, some cases get audited and some do not.

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03-22 12:20 PM

We still don't have the official summary of the Senate comprehensive immigration reform bill, but Senator Charles Schumer, the chair of the Senate Immigration Subcommittee and Senator Lindsey Graham (R-SC) have written a joint op-ed piece that will appear in tomorrow morning's Washington Post that describes the major provisions of the CIR bill they will shortly introduce in the Senate. The bill will look similar to previous bills, but we now learn that it will have some new features. They include the introduction of the controversial new national identification card (a biometric social security card). The legalization program will now...

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alanc

09-01 01:09 PM

I am currently starting a language institute in California. I incorporated the organization 2 years ago, but I am starting it now. I want to hire a Brazilian national on an h2b visa to teach Portuguese but I am worried that as I am starting the business now and haven't generated income yet I won't be allowed to hire this teacher. Is this something I should worry about? Thank you for any help. I appreciate it.

Alan

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gcseeker2002

04-15 02:15 AM

My friends wife applied for h1b and left for India on march 30th, while on H4, they got their h4 stamped april 5th, and still dont know about status of h1b application. The i94 number mentioned in the I129 is the old I94 which was surrendered at port of exit. When they reenter sometime in may, she will get new I94 , which will of course, be valid exactly as the I94 mentioned on I129.

1. Will there be any other problem in port of entry , as she will be entering on H4 stamping.
2. Will the h1b application get rejected or queried.

please answer these two questions.

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houluting

10-20 08:17 PM

Hi,

My EAD got expired in July and I got the Denial Notice of the H1B petition last week. My lawyer thinks it's got rejected because of my salary change and address change. So she's going to file a new H1B petition on a nunc pro tunc basis. What is nunc pro tunc? Is my case eligible to file such a petition?

And if not, what other options do I have?

Please give me some advice, any advice you think might work. Thanks!

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10-31 02:42 PM

You cannot file 485. You will have to start the process from scratch. However, you can use the priority date from the approved 140.

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gc_wisc

04-13 10:42 PM

I'm currently on H1B with a pending employment based I485 (EB3 category). I married my wife (USC) a year and an half ago and we decided to file a family based I1485 petition. We are currently preparing the forms and we have a few questions.

1. I485: Application Type Question: In my employment based I485, the option a. was selected for Application Type (An immigrant petition giving me an immediately available immigrant visa number that has been approved). What should we choose for this family based petition.

2. I765: (a) Applying For: When the company applied for employment based 485 few years ago, I got my EAD. I never used EAD as I always had my H1B. Hence, should I select "Permission to accept employment" or "Renewal of my permission to accept employment (attach previous employment authorization)"?
(b) Question 16: Eligibility under 8 CFR 274a.12 ( ) ( ) ( ). For my employment based application, it was (C) (9) ( ). What should it be for my family based application now?


Thanks in advance.

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glus

07-09 01:21 PM

date: when your GC was approved (when I485 was approved). Place, usually you enter the name of service center that worked on your I485. For instance, Nebraska Service Center.

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optimist

09-23 05:04 PM

Friends,

LUD on my I-485 (TSC) had not changed for the last two years and I now find a soft LUD of 09/15/2009. Has anyone experienced recent LUDs on their pending I-485?

I am asking because I am wondering whether USCIS has really 'touched' my file or if this is just a regular 'batch update' that happened to all applications, may be because of the new website migration.

Appreciate your answers.

Thanks.

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idli_vada

07-01 07:01 PM

Guys,
I need to find out what documents I need to send after I file I-765 online. DO anyone has the experience in this matter. I filed my I-485 and at tht time i did not filed my I756 just to avoid lawyer's fee.

The form says I need to send a copy of I-94 and photo thats all, but the confirmation notice I received after filing the form online said that do not send any photo's or any identification document and the notice said that they will sent me a Biometric appointment.

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11-25 10:15 PM

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ajju

08-29 12:51 PM

My spouse is on H4 currently. Have applied for H1 in April 2007 and got the H1 aproved. So the new H1 starts on Oct 2007. However, we applied for 485 and got our EAD's (No recept number, No finger printing etc).

Can my spouse use EAD to start job? we dont want use that new H1 currently. What are the implications if we use EAD? Will the H1 (and my H1) be effected?

Search and you'll find your answer...

Using EAD will invalidate H1/H4 status...
You may file for H1 transfer later to revive your H1 status if needed...

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plakshmi

08-06 10:28 AM

My 485 is pending and and I am still working on h1. I have EAD and advance parole, but do not want to use parole to go to canada (Wanted to save it for India trip). Do I have to take canadian visa to travel to canada for 3 days based on my currnet status. what is the process to take the visa?

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harithakb

07-19 02:03 AM

Hi,

Because of some reason or the other it happend to be so bad that my I140 documents were sent by courier on Tuesday - 17 July 2007.

can any one of you please suggest what best I can do to file my 485 during this current window July 17 to Aug 17 2007.

I appreciate your suggestions / adive...

Thanks & Regards,
SK.

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seeking_GC

06-11 09:01 PM

If you are working on H1 then dont renew your AP, you can always travel and enter using your H1. If you plan to use your EAD pretty soon (or your H1 is expiring soon and you dont plan to renew it ) then apply 60 days before you plan to start using EAD and you should be fine.

You can even apply for AP after the current one has expired, its just that you wont be able to travel till you get your new AP if you have abandoned your H1 status.

---

chanduv23

09-13 12:11 PM

Please see this letter sent by governors of 13 states to the Senate and Congress on 09-11-07.

http://shusterman.com/pdf/h1b-governors.pdf

Old news - this is the one Arnold put up on his website few days back

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