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  • punjabi
    07-31 02:56 PM
    If she has been out of USA during her 6 years of H-1B, she can use that period for her H1B extension. It can give her an extra breathing space.

    Also, for 180 days, she can stay in USA but I am not sure if these 180 days is from the date she last time entered in USA or from the day her visa ends.

    I suggest you to consult a good attorney. It is suggested to spend some time and money on attorney and help her stay out of trouble.

    Good luck.



    Hello,
    I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my
    .....
    .....
    through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
    Thank You.





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  • eagerr2i
    09-17 03:03 PM
    IV is not against H1B as such. Majority of IV members are presently on H1B program.

    IV does not support the increase of H1B visa quota before the EB immigrant visa mess is cleared. Also, IV has comdemned every single abuse of of H1B by small consulting firms or the 'fly by night operators' who abuse the system by not paying the prevailing wages to employees or not paying them at all while the consultant is on bench.

    One of the IV core members pointed out in a recent interview that in a recently released Government Accountability Office report on H-1Bs noting that in just 2005, there were 306,927 H-1B labor condition applications approved.

    I am quoting him verbatim as per the report- "Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications — forget about five years worth of applications," .





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  • ssbaruah@yahoo.com
    06-01 02:24 PM
    Thank you for your immediate reply. I have 2 more questions as below :

    My H1B is valid till 2011. I came through “A” company and this is my second employer (“B”). After I joined “B” company, I never went out of USA. “B” Company’s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with “B” company’s name. Now, I am no more with “B” company.

    1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?

    3. My families also need to re-enter to USA at the same time ?

    Hopefully, I am able to explain my occurred situation correctly.

    I need your valuable suggestion pls.





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  • joydiptac
    05-14 03:56 PM
    My heart goes out to the parents of this victim of immigration impasse. A minor accompanying parents illegally or otherwise cannot be termed illegal.

    How many more innocents will become victims for the crime they have not committed?

    Republicans wake up to this gruesome reality. Even legal immigration applicants like us are still without a green card after being in this country for 10 years.
    Even if you forget us, and the illegal adults the issue with the "illegal" minors must be addressed.
    Their future cannot wait for your petty political gains.



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  • GKBest
    08-23 11:23 AM
    This has been bugging me for a while now. I applied for I-485 in July 2007.

    I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.

    Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.


    I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.

    Any thoughts.

    Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.

    I want to be proactive and get other documents ready if that is what it'll take.


    USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.





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  • BharatPremi
    12-05 12:22 PM
    Me too! Citizen of India.

    :)



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  • njdude26
    07-19 03:57 PM
    My attorney today informed me just a week after he sent an email to them saying that case was closed in error they replied back saying they are reopening the case. wow that was fast...





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  • belmontboy
    05-21 04:56 PM
    we have become subject of joke for them!



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  • Sachin_Stock
    09-18 10:29 AM
    Healthcare reforms and their covering of "illegal aliens" in question.

    Both are non-issue in this forum!





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  • transpass
    08-01 12:42 PM
    I am pleasantly surprised and would like to thank Sen Menendez on behalf of all the IV members in his constituency for sponsoring visa recapture bill in Senate. Few days back when we called his office, his position was different. But because of we all calling and requesting for his support, he graciouly has agreed to take up our case. Speaking with his staff, I came to know that more than thousand calls were made to his office in support of the visa recapture bill.

    This is just my thinking...

    Sen Menendez vigorously supports family based immigration...I watched the failed comprehensive immigration debate on senate floor almost in its entirety. There, he was like a lone warrior arguing against the senators (Like Sessions) who said CIR bill encourages chain migration, etc...He was totally supporting visas that enable family reunions.

    hr 5882 supports recapture of lost family based visas along with those of employment based. So no surprise Sen Menendez introduced the senate version of the house bill...And that's good for us...and we will take it...



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  • vgc
    07-26 10:37 AM
    SA 2428. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:


    At the appropriate place, insert the following:

    SEC. __. EMPLOYMENT-BASED VISAS.

    (a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

    (1) in paragraph (1)--

    (A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';

    (B) by striking ``or 2004'' and inserting ``2004, or 2006''; and

    (C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--

    ``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));

    ``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and

    ``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

    (2) in paragraph (2)--

    (A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and

    (B) in subparagraph (B), by amending clause (ii) to read as follows:

    ``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:

    ``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.

    ``(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.

    (b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

    (1) in clause (vi), by striking ``and'' at the end;

    (2) by redesignating clause (vii) as clause (ix); and

    (3) by inserting after clause (vi) the following:

    [Page: S9966] GPO's PDF ``(vii) 65,000 in each of fiscal years 2004 through 2007;

    ``(viii) 115,000 in fiscal year 2008; and''.





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  • aquarianf
    01-08 10:07 AM
    in NY/Nj area QA rates are really getting down. Last couple of weeks I conducted few interviews and found that people are ready to work at $25.00 and some non-experiences candidates offered their services free for couple of months to just gain some real experience.



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  • seekerofpeace
    09-10 11:42 PM
    You are either unmarried or Divorced....Absolutely kidding :)





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  • lalithkx
    07-29 05:54 PM
    Did anyone ask about EB3-India backlog?


    There is nothing to ask about EB3-India. It is retrogressed. There are no visas numbers available. Unless some new legislation is passed, Ombudsman or USCIS or anybody can do nothing about it. You have to wait for next year quota :=)



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  • casinoroyale
    01-24 04:38 PM
    Yellow Admin Review is usually TAL (Technology Alert List) check. This kind of makes sense with your Chemical background. This is usually faster check compared to other types (like name-check). This used to take 21 days, you are around the same timeframe.





    Hello experts,

    I had my h1-b interview in Toronto on January 4, 2008 and got 221g yellow for administrative review. I called DOS one week ago for processing status and was told that name check is on pending. I called DOS today and was told that security check is on pending. Could you please let me know usually how many checks the DOS will do? How long the security will be done?

    Thanks!





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  • vrkgali
    12-27 01:34 PM
    I would say wait until sulekha.com fills with ads Like "AC21 s welcome"

    to invoke AC21.:p



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  • DDLMODES
    07-18 10:01 PM
    Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
    The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.

    Thanks for clarifying milind70.
    Abhijip - We all want to help here but please don't provide confusing info.

    As for the original poster, he can still apply for AOS if he gets the receipt. I got mine from TSC on July 13 and they got the I140 on July 6. It wasn't labor subst though.
    Hang in there another week. Can you verify if they cashed the check ?? They print the receipt# on the back.





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  • vandanaverdia
    09-12 09:48 PM
    bump





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  • kumar2203
    05-23 08:41 PM
    Hello,

    I have one question about dependent I-485.. I filed I-485 to Texas Service Center under EB-3 in 2007, Applied EB-2 140 to Nebraska Service Center under EB2, ported priority date. Now I have to add dependent 485 appication, which service center I have to send ?

    thanks for your help !!





    vjkypally
    07-26 02:09 PM
    This is not good news for us. The recaptured visas will go towards nurses and none from us wil benefit.We need to shout out loud.





    GC Khichdi
    10-24 03:44 PM
    Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.

    Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.

    So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.

    For tips to the other readers.

    Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
    One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"

    This has worked in many cases as doing such bothe employer and employee gets best of both worlds.



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