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  • apchinta
    11-13 09:15 PM
    Same thing happened to a friend, and he complained to DOL. The employer was made to pay the amount with fine.





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  • purgan
    04-24 08:39 AM
    gccube/kamesh

    congratulations on your GC. must be a great feeling. I see ypur 485 RD was in JUne 2007, was yours based on a Labor substitution?





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  • GLIX
    10-25 05:12 PM
    Yes, it is worth it if you're PD is current. I got my approval in less than 15 days and to think there even wan request for evidence. Everything was expedited. So am now filing my 485. But for those whose PD is not current, it does not make sense to pay extra for premium processing.





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  • yetanotherguyinline
    03-23 03:49 PM
    Business week MBA forums had a big conversation about this topic with some MBA graduates saying they ere affected. May be someone can post this on there.



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  • jcrajput
    08-04 04:36 PM
    I am in KS and looking for information to apply to renew our EADs. Can anyone please give me some idea what where I can get an application forms? Is paper application better or online?
    Thank you so much.





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  • GCSOON-Ihope
    12-14 02:43 PM
    Where can we find information for e filing EAD/AP Renewals ?

    Follow this link:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f3fe194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD



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  • kerstbrd
    03-19 03:03 PM
    maybe they denied the I-140 without updating the website.





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  • sri1309
    12-15 08:56 PM
    I have a similar related question,

    PD04,LC 10/06.
    I am a 07 filer, got FP notice for Oct 07, got it done, got EADs and APs , renewed them twice. But what about finger printing. Do I need to get it done yearly, if so, I got no notice so far.

    Please advise, thanks a lot in advance,.

    Sri,
    In any case,
    please keep writing to barrackobama.com and under agenda. . (All, please keep this as your signature, that way we can get some more people register and write to him.. we need action.. )



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  • shahshy
    03-17 01:09 PM
    We got the loan based on H1. Lender did not accept EAD and required GC or H1. Though, there was no issue in getting the best rate based on H1 since credit was good and other requirements also satisfied.





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  • gccovet
    08-04 08:58 AM
    This is a small idea and let us see if it works.

    We all help each other on the forum by answering questions. Let us answer questions of members of our community and politely request the person asking the question, if your answer helped him. If it helped him, the member can consider contributing to Immigrationvoice.

    I think if all active members add this small note in their signatures, it may help us generate more funds to continue this effort. You can choose to modify this message to make it more appealing or create a link to the high five campaign that is currently running.

    Suggestions are welcome.


    Done!!!



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  • slowwin
    05-22 04:44 PM
    Tying EB related issues to Wall street is a self defeating enterprise right now in this economic climate.., if our issues are equated with wall street brain drain, we may not get much sympathy from the common public, therefore the politicians.


    Hello All,

    In Interesting article/Video posted by Yahoo Finance


    Contrary to popular opinion and the view of many politicians, the "brain drain" issue on Wall Street is real, says Dave Kansas, author of "The End of Wall Street as We Know It."

    Kansas, a Wall Street Journal contributing editor, notes the concurrent trends of foreign-born workers returning to their home countries and Wall Street's homegrown "risk-takers" joining smaller firms or opening their own boutiques.

    In other words, when CEOs like Morgan Stanley's John Mack and Citigroup's Vikram Pandit complain about the risk of losing the "best and brightest" if the government imposes onerous restrictions on compensation, there's validity to their claims, Kansas says.

    These trends - compensation restrictions, the rise of boutique firms, more competition from international competitors and big shops becoming more risk-averse - come in the wake of a largely self-made cataclysm that hit Wall Street in the past 18 months.

    And Kansas notes it's "early innings" in terms of both the industry's transformation and the new regulatory environment that's certain to come down the D.C. beltwa



    ARTICLE CAN BE ACCESSED AT:

    http://finance.yahoo.com/tech-ticker/article/253392/The-New-Wall-Street-%22Brain-Drain%22-Threat-Legit-as-Boutiques-Foreign-Firms-Rise?tickers=GS,JPM,MS,C,XLF,FAS,DB?sec=topStories&pos=9&asset=&ccode=


    MY QUESTION TO YOU ALL

    Do you think the govt will do something soon about this? Can we expect a merit based point system in the new CIR? Does anyone has information on merit system in new CIR?

    Please advise.


    Thank you





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  • saketkapur
    07-27 05:24 PM
    ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)


    Unlawful Presence: Myths and Realities

    Ron Gotcher

    Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.

    A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.

    The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.

    Nonimmigrants are not required to maintain their status after filing for adjustment of status.

    Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.

    It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.

    There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.

    Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.

    Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.

    The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.

    The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.

    There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.

    Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.

    Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.

    Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.

    Ron Gotcher


    Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved



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  • WAIT_FOR_EVER_GC
    07-24 09:12 AM
    xbcsd





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  • kirupa
    07-27 02:59 PM
    Ah - glad you found the answer. I was thinking that because ShowDialog is a modal dialog, it may be blocking any operations that are going on in the background. I failed to realize that OpenFileDialog does not have a non-modal Show method which displays the dialog without forcing it to have all of the app's attention.

    :)



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  • fairyangel
    02-03 01:39 PM
    Hi

    I hold a H1b Visa but did not work after coming to US.
    Can anybody guide me regarding my current status.
    My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
    can anybody help me with this??

    thankyou





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  • koti
    10-29 10:30 AM
    Few facts that you need to get clear.

    1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.

    2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.

    If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.



    **************

    Thanks for the info. Really helpful.

    Koti



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  • sethurama
    06-05 12:59 AM
    my 485 was filed by my attorney today and I came to know that they forgot to include application for EAD. When can I file EAD?. If I file separately, will it take more time to get approval?.

    Also they messed up with my passport copies. 2 pages are missing. I don't know whether this will trigger RFE or denail.

    Any help is appreciated.

    Thanks





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  • Lasantha
    04-11 11:38 AM
    I had the same experience on Wednesday. Do not hang up, you will be connected to an IO after a while.

    I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.

    Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...

    It annoyed the heck out of me and I hung up rather than hearing the message over and over again.

    Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.





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  • pitha
    01-16 10:45 AM
    This is exactly what I have been saying for the last couple of months. This CIR is going to doom all EB immigrants. Obama's immigration enforcer is Dick Durbin, he has all the "compassion" in the world for illegals, he sponsors dream act, he wants to give amnesty to illegals but when it comes to eb he wants all of us to be kicked out. "Change" is definetely comming, no doubt about it but it is going to be a rude shock for the eb community. A bunch of people gave me reds for pointing it out. CIR is a speeding train with Obama\Durbin\kennedy driving it, it will stop only for illegals, it will crush all eb people under it. Please wake up and stop cheering for CIR. Instead call congresswoman Lofgren and ask her for visa recapture. Dont mention anything about cir, just ask for visa recapture. She is the only democrat who gives a damn about us.

    Nothing in this bill talks about the increasing EB VISA numbers but they have clause for the family based VISA numbers to about 1Million.I know Mr.Obama would bring "change" but it is not going to be good for us. Anytime he talked about legal immigration, he only made references to family based immigration backlogs. Never have I heard him talk about EB VISA backlogs.I think we are in for a change which not going be so good after all.





    chanduv23
    09-23 08:15 PM
    desinj a magazine circulated in NJ has featured IV. I will scan it and upload it





    immig4me
    04-19 01:21 PM
    Travel Advisory: Delays Due to Icelandic Volcano Eruption

    (04/17/2010) If you or someone you know is stranded in the United States because of the airport closures in Europe due to the Icelandic volcano eruption and is about to exceed their authorized stay as a direct result of these closures, there are two avenues for relief:

    If the traveler is at the airport and traveling under the Visa Waiver Program (VWP) and unable to depart timely, as a result of airport closures or flight delays/cancellations, travelers should:

    1. Contact the U.S. Customs and Border Protection (CBP) office at the airport or;
    2. Contact the U.S. Citizenship and Immigration Services (USCIS) office.

    Both agencies have provided staff with guidance on the applicable legal authorities under the VWP in circumstances such as these.

    If persons are traveling under a visa, they should contact the nearest USCIS office and follow the instructions at the following link: ( USCIS - Extend My Stay )

    While this link recommends initiating the process 45 days in advance, USCIS is providing guidance on how to handle these cases over this weekend.

    -- from IV advisor Greg Siskind



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