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  • sathish_gopalan
    07-19 05:26 PM
    Thanks. What happens when we apply for I485 using EB2 ?.
    Do we need to withdraw the EB3 I485 ?. In that case my current EAD becomes invalid and cant we work for three months until we get the EAD using EB2 485 application ?.





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  • GotGoose?
    04-22 07:15 PM
    Took your advice and made another one.





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  • chanduv23
    09-15 12:04 PM
    I would say:

    Merge all these threads into one - at least 3 or 4 people can take charge over the thread - the first few posts can be updates and tracking info and finalization of drafts and plans

    Please encourage ONLY members who are committed, they can be ones who have posted real profile and who have joined state chapters - usually state chapter members are verified members.

    It would be great if someone from IV core can also guide on such efforts





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  • seahawks
    07-26 11:32 PM
    For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?

    jazz
    if you qualified and filed for 485 depending on your PD, you most probably will get only 1 year extension. I just filed mine May 29th for 3 years and filed my 485 June 8th but when approved I got my H1 extension approved only for 1 year. I may be wrong, just referencing what my lawyer said..



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  • ragz4u
    03-08 09:48 PM
    There is no posted transcript yet on the Website - how did it go?

    As expected, Lou Dobbs was absolutely anti-immigration, while Specter was his usual no-nonsense self. Nothing interesting at all

    This is available at http://transcripts.cnn.com/TRANSCRIPTS/0603/08/ldt.01.html


    DOBBS: It has already declared a state of emergency because of the crisis at the border between Arizona and Mexico as has another Democrat, Governor Bill Richardson of New Mexico.

    By our estimates, there are as many as 20 million illegal aliens now in this country. Three million illegal aliens cross the border every year. The U.S. Senate is now considering three different bills on border security and illegal immigration.

    All share a common theme, creating so-called guest worker programs. Senator Arlen Specter is the author of one of the bills. He joins us tonight from Capitol Hill. Senator Specter of course the Chairman of the Senate Judiciary committee. Senator, good to have you here.

    SEN. ARLEN SPECTER, (R-PA) JUDICIARY CMTE. CHAIRMAN: Thank you for the invitation, Lou.

    DOBBS: Senator, you're in markup. How did it go today? Are you near completion?

    SPECTER: Well, we are really just getting started. We have scheduled four markups. The leader would like to bring the bill to the floor by March 27th. We're going to try to do that but we're not going to rush it. We're going to take the time we need to go through the issues thoroughly and come to a balanced judgment.

    DOBBS: Senator Hillary Clinton today spoke out on U.S. immigration policy. She said Congressman Sensenbrenner's immigration bill, which passed the House as you know, and is now in the House Judiciary Committee, would be, quote, an unworkable scheme to try to deport 11 million people, which you have to have a police state to try to do. How do you react to her comments?

    SPECTER: Well, I think we need border security. And the House passed bill goes a long way in that direction and I think that's an important aspect that has to be balanced.

    I think when you have 11 million or more undocumented aliens, you have to find a way to bring them out of shadows. At the same time, you do not want to reward people who have broken the laws. So we do not want amnesty program. And my job as chairman is to hear all points of view, to analyze them thoroughly, to discuss them and to see if we can't find a way to bring people out of the shadows, not necessarily put them in line for citizenship, but to try to eliminate having them in a fugitive status.

    And if they want to become citizens, to go through the processes which comport with the law.

    DOBBS: Senator, when you say in the shadows, this is the language of lot of, frankly, a lot of pro-illegal immigration and open border's advocates, as I think you know.

    They're seldom if the shadows as we look at Home Depots, where we see day laborer, aggregating. They make up about 20 percent, by most estimates, of the labor working in construction. They make up just about half, if not more, of all farm labor as you know in this country. We do not know precisely how many people here. Estimates as I reported earlier ranges high as 20 million. You have used a number of 11 million.

    How is it that the United States government does not know nor do we have a way, as far as I know in the United States government, the federal government, to come up with a count of how many people we're talking about? And isn't that important as we apply your efforts at coming to compromise and conciliation? SPECTER: Well, it would be very, very helpful, Lou, if we knew precisely how many undocumented aliens, illegal aliens, were in the country if we knew where they were. When you talk about the shadows, if you have a program which says we're going to ferret them out, we're going to arrest them, we're going to deport them all.

    Maybe the shadow's is a bad expression. Maybe a better expression would be that would turn them into fugitives. What we want to do is to try to find some way to get our hand on the problem.

    We know that they take a lot of jobs where others don't want to take them. At the same time, we are aware of the fact that they depress salaries downward if they weren't available. They would be more compensation. We're juggling a lot of balls at the same time and nobody has tackled this problem for a long time and it's been thrust upon the Judiciary Committee and we're going to try to deal with it.

    DOBBS: Well, Senator, we all wish you luck on that and the idea that the president likes to use the expression, willing workers and willing employers. In this case they're illegal employers and they're illegal aliens that are being exploited and it's not certainly the kind of thing I would -- certainly knowing your background, know that you would like to see continue. And I'll just throw in one pitch to you, Senator, if I may.

    SPECTER: Sure.

    DOBBS: Why don't you punish, punish, punish, illegal employers because they're exploiting people a way that is so un-American and is, frankly, doesn't reflect well on us and for people to defend it is, to me, unspeakable.

    SPECTER: As you may know before I became a senator, I was a district attorney, a prosecutor. A big part of my job at that time was to punish them and I think when people violate the law, we ought to bring them into compliance, and a punishment is a part of it. I know how to do that.

    DOBBS: Indeed you do. And Mr. Chairman, it's good to have you with us. Senator Arlen Specter.





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  • gaz
    11-18 01:36 PM
    background -
    A friend is currently working full time with a large financial company where there are many layoffs going on. She has 140 approved, but her H1 is valid only till Sept 2009 (6 years complete; no date recoup possible).
    H1 extension cannot be filed until 6 months prior to expiry i.e. Apr 2009.

    questions -
    If she gets laid off (next round of layoffs are expected in dec), can she still:

    1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
    2) file a new labor and port her PD from the approved 140?
    3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?

    Thanks in advance!!



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  • GCNirvana007
    08-23 10:31 AM
    Guess we call it official - No one pending prior to Oct 1st 2003 EB2 as far as this site goes





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  • polapragada
    10-10 03:47 PM
    Something or Nothing...:D:D:D:D

    OR EVERY THING :D



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  • peacocklover
    12-01 08:33 AM
    Ya, I think that could be a problem if they make it current again. Instead of messing up with influx of applications again like in July 2007, they can gradually move dates from July 2007 to Jan 2008 (six months) or July 2008 (a year) ahead in EB2 category, In that way it will not clog the system and will justify people who are sincerely waiting in the line until now and also for future movement.

    i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.





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  • whereismy_gc
    06-06 12:02 AM
    Good job Pratik. we should grab every opportunity we get to voice our opinion even though this TV interview was mostly on H1B visa cap and increasing the cap. Only 10 seconds or so were given to the lengthy green card process. Increasing H1B quota is not a solution for us. It would infact increase our wait times and backlog of applications. it is in the interest of Hi-tech companies to have the h1b visa quota increased so that they can get more skilled workers. However they know that once they have an H1B worker, they will have that worker for many years due to retrogression. Thus retrogression is not a BIG news story. We need to highlight the greencard quota issue and not confuse it with the H1B quota issue. I feel these are 2 different things. After watching the SJC and Senate proceedings I feel Retrogression and greencard quota issue needs more awareness and education amongst lawmakers so that it is not confused with H1B visa quota.
    I think the whole point of increasing the H1-B quota and at the same time not easing the GC processing leads me to think that US high-tech companies are looking to employ Hi-Tech slaves just as they did when the U.S economy was largely dependent on farming industry, during the 19th century.

    It's in their blood, and no one can get that out.

    Get that point!!!

    I think we need to get out on the streets!!!!



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  • Karthikthiru
    08-09 08:58 AM
    There is new posting about this bill on Matthew Oh site. It gives more detail about this proposed bill. It says "Specter's Discussion Draft for New CIR" and he has given more deatils of it


    Karthik





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  • yawl
    07-17 12:34 AM
    This is a very good one. It mentioned per-country-limit and wasted visa numbers.



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  • thomachan72
    11-05 07:26 AM
    Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.

    That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
    Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.





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  • paskal
    12-11 06:32 PM
    bumping up the thread!
    saw a post from a mn member and i guess this thread needs visibility!

    thanks for the invitation to the IL call, i am in Fl this week and probably can't be on, hopefully others will be participating and will update us all



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  • martinvisalaw
    07-30 01:02 PM
    Hi,
    I entered US using AP on Feb 27 09. My current AP is valid till 17th Oct 09. The date on my I-94 Feb 26 2010. The parole stamp on my passport also has the Feb 26 2010 date. What does the date on the I-94 and parole stamp mean
    My question is if I go out of US in early October and want to come back after October 17th (AP expiry date) but before Feb 26 2010 (I-94 date) do I need a new/renewed AP, or can I enter US with my old AP since my parole stamp has Feb 26 date.

    Thanks

    You need a new AP to return to the US after 10/17. CBP usually puts one year on the I-94 for parolees, but that doesn't mean they extended your AP.





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  • desi3933
    06-22 09:59 AM
    This is from my attorney:

    All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
    EAD card copy for OPT if you had any;
    All the visa stamps for reentering the States;
    All H1b approvals;

    I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.

    "Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.

    It is the last entry not the first entry.

    It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).

    If your attorney does not understand 245(k), may be you should consider getting second opinion.

    Section 245(k) applies for ALL employment based I-485s.

    Not a legal advice
    ----------------------------------
    Permanent Resident since May 2002



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  • bsbawa10
    09-06 09:48 AM
    Hey,
    Can you explain what do you mean by holding visa for EB3 India?
    Thanks -
    Sorry, I meant EB2 India. Corrected it.





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  • check_name
    07-21 02:02 PM
    I got stuck in FBI name check for over 2+ years (24+ months)... run out of
    patience or anything :mad: . I now decide to sue them by filing writ of mandamus in court. I'd like to have an experienced attorney do it for me. I'm looking for an attorney who is responsible and responsive, has been successful in filing writ of mandamus for clients to get the name check moving. If you know/use any attorney like this, would you please let me know by emailing me or sending email to prof_risk at hotmail dot com, thanks a lot!

    I live in Maryland, I'd like the attorney to be located in great DC area.
    I really appreciate your help





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  • psaxena
    05-04 11:16 AM
    My case is in Nebarska.. is their an email for that location?

    wow.... interesting post.
    thanks.

    i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.

    Got to send this to my attorney and get her input.





    downloadzombie
    06-07 03:54 PM
    AP has a news which says this bill has been voted out at senate.

    http://news.yahoo.com/s/ap/20070607/ap_on_go_co/immigration_congress

    so guys relax now!!!!! enjoi!!!





    elusive
    07-10 01:13 AM
    Hi,

    I got the standard RFE
    1) End date in client letter
    2) EE relationship
    3) show project validity till h extension requested( 3 years)

    RFE response to be received on or before July 10 2010

    With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR

    My question is

    ) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
    2) Or will USCIS will accept the respnse since it was posted before on 7/9

    I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...

    any advice please



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