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  • visves
    07-04 06:55 PM
    Congratulations!! Enjoy your freedom!

    There is hope....




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  • frostrated
    07-06 03:33 PM
    Using AP does not change one's immigration status. It is just a travel document. You will continue to maintain your H1-B even if you use the AP to re-enter.

    Using AP has no relation to using EAD. I have confirmed this with my attorney as well.

    you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.




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  • waitin_toolong
    10-30 07:07 PM
    There si no such requirement, but I hope you mentioned the current address in G325




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  • chanduv23
    03-16 09:22 AM
    guys I am in a similar boat....unfortunately, my wife did not get matched this year because we were only trying for programs that sponsor H1....We have heard bad stories about J1.....but in that process she missed getting a residency spot this year......do you guys mind sharing which hospitals your wives are doing their residency at?.....any suggestions for us?....do they know of any open positions?

    thanks

    Lot of people seeking h1b with excellent qualifications and credentials could not make it this year. This may get even worse based on retrogression.

    What is really happening is, most of residency application initial screening is done by residency coordinators. They don't know what is happening around. They follow protocols, say a program has 20 seats and 500 applications, they will filter based on citizen, GC and some H1b/J1 etc.... Now due to retrogression, a lot of h4 not having EAD or GC which was not case earlier as people keep getting GC or EAD and fall have more competition in the EAD/GC area, but now it is like, out if 500 applications alomst 300 would be h1b /J1 seekers and programs decide to filter a lot fo them and just interview a few. Out of few h1b/j1 seekers getting interviewed, many may have UK clinical experience (they are most preferred as they are considered a perfect fit).

    On the other hand, a lot of h1b/J1 seekers have strong strong recomendations. Especially those doctors who have son's/daughters/nephew/relatives etc... all community hospitals fill up some of their h1b/J1 seats in this manner. And this is also a growing trend.

    Some people join hospitals as research/observerships/externships and do their best to create an impression, and in some cases these candidates are considered for a resdency onn h1b/J1.

    So, it is not a straight forward process.

    You may try St Barnabas, Bronx Lebanon hospital, and other programs in Bronx, where some seats do get left out even till the end, and I have heard that if you keep persistantly approaching them and show interest they will consider if they have an option.

    But overall, retrogression seems to be a main cause for flooding of H1b seekers in residency, this has made it relatively easy for GC/EAD/Citizen to get into residency programs without competition



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  • rockstart
    02-20 07:14 PM
    I submitted my passport renewal in december 09 and received my new passport in feb 10. Exactly 3 months to the date. Its a pretty slow process. Initially they gave me a Jan date to pick the passport ( I did not personally not via mail) and when I went there they said they had not received police clearance from India (no change in house or any info from old passport) but good part was they said they will call me when the passport is ready and they did call. Other wise there is no way to contact them. The phone just rings and rings and message box is full.




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  • va_dude
    07-20 06:08 PM
    Let us know what you find out from your subsequent calls or infopass appointments.



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  • somegchuh
    01-28 06:59 PM
    This question is specific to Indian nationals with children born in US.

    Has anyone on H1 or pending 485 received OCI for their US born child? We were able to get OCI for our first child a few years ago but the rules seem to have changed and cgisf.org states that a child whose both parents are Indian citizens can't get OCI. Any ideas? Is PIO the right option now?




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  • milind70
    08-28 09:33 AM
    what would happen if the approved labor is NOT signed and attached to the I 140. Any experiences like this?

    what do u mean by approved labor not signed??

    Labour approval is approved by DOL .
    It needs to be attached to 140 application.
    140 application needs to signed by employer or by attorney in case a G 28 is signed by the employer.
    485 is to signed by you or by attrnoney in case a G 28 is signed by you



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  • Ann Ruben
    04-17 02:21 PM
    Under the US immigration system, non-US citizen applicants for admission to the US have the burden of proving to the CBP officer at the POE that they meet all of the requirements for admission in a particular visa category. The fact that USCIS has approved a petition or that a Consul has issued a visa is evidence of admissibility, but is not determinitive.

    Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.

    A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.


    Ann




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  • lsuk
    07-21 07:17 PM
    EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

    "DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

    Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

    This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?



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  • stucklabor
    07-26 02:59 PM
    See original A.P. story below.

    Copyright 2005 Associated Press
    All Rights Reserved



    The Associated Press


    April 15, 2005, Friday, BC cycle


    SECTION: Washington Dateline

    LENGTH: 550 words

    HEADLINE: Senate agrees to votes on immigration measures

    BYLINE: By SUZANNE GAMBOA, Associated Press Writer

    DATELINE: WASHINGTON

    BODY:
    Senate Republicans and Democrats worked out a deal Friday on how to handle immigration issues attached to a measure paying for U.S. operations in Iraq and Afghanistan.

    The immigration measures spilled into the Senate's debate over an $80.6 billion military spending bill after the House included measures in its version to deny driver's licenses to illegal immigrants and make it harder for foreigners to stay in the United States on claims of asylum.

    Under the deal, the Senate will vote Tuesday on three immigration measures. Each would require 60 votes to survive, including one sponsored by Democrat Sen. Barbara Mikulski that would give temporary visas to migrant crab pickers and oyster shuckers in time for Maryland's seafood season.

    Another by Sen. Larry Craig, R-Idaho, would provide workers for the agricultural industry. It has support from growers and farm worker advocates, but it faces opposition for providing legal status to some workers.

    Sen. Saxby Chambliss, R-Ga., said he opposes using the military spending bill to address immigration, but he is proposing an alternative to Craig's measure. Co-sponsored by Sen. Jon Kyl, R-Ariz, it doesn't include the legal residency provision.

    "While reforms are needed to provide a legal way to meet our agricultural labor needs, we must also remove incentives for illegal immigration and put stricter provisions in place for seasonal workers coming across our borders," Chambliss said.

    Majority Leader Bill Frist, R-Tenn., the White House and other Republicans had pleaded with senators to keep immigration off the spending bill and address them later in comprehensive immigration legislation.

    Democrats refused, saying it was because Frist wouldn't commit to opposing the immigration provisions in the House version when negotiators try to blend the two.

    "The only reason we have these Democrat and Republican amendments dealing with immigration is because it was placed in the bill by the Republicans," said Democratic leader Harry Reid of Nevada. He said the immigration bills being offered are a "tiny speck" of the immigration problems the country faces.

    Mikulski defended her measure to provide Maryland seafood processors and other businesses with more seasonal workers hired through the H2B visa program, saying "the cat was already out of the bag on immigration." Businesses are limited to 66,000 H2B workers a year, and that ceiling was reached Jan. 3.

    "Republican leadership has been stalling on this bill by not allowing votes on amendments like mine. I have brought people to the table to vote on this because Maryland's small businesses need help now," Mikulski said.

    The House's Iraq spending bill includes the immigration measures its Judiciary Committee chairman, Rep. James Sensenbrenner, R-Wis., wanted in the intelligence reorganization bill President Bush signed in December. He withdrew the provisions back then after House and Senate leaders promised he could attach them to the first major legislation likely to make it to Bush's desk.

    They are almost universally opposed by Senate Democrats but also by state motor vehicle commissioners, some GOP senators and religious groups who say people fleeing persecution would be harmed.




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  • new2perm
    05-28 03:28 PM
    Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.



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  • msp1976
    04-17 12:17 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have give a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase.

    I do not know what to do , his is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I will be on status ??
    Such type of contract is not legally enforceable....So you have to take your own decision....




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  • singhsa3
    09-05 07:31 PM
    Come on people, we are less than 2 weeks away from our destiny.
    All you have to do is to rise from your daily chores, just for one day and help make this event successful.



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  • uma001
    07-24 05:07 PM
    If they receive too many responses during advertizing period, they may not process your gc. That is all to it. At that time u might chill out and wait for a year or so and reply. If your skills are in demand, I do not see a reason to wait. It is always better to take a dive as early as possible. Good luck.

    Absolutely correct. This is the experience I had in my case. My company is fortune 550 company. They received lot of responses when they posted ads. I could not beleive the repsonse I got from VP. And they do not want to file green card now. He simply said 'he found candidates' :(




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  • texcan
    07-31 04:55 PM
    Hi All,

    We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
    We are planning to go in August 2007 itself.

    Lets say if our h1 extension is rejected or some issue what will be our status?
    Can we come back to US and plan for our india travel or we have to leave to india from there itself?

    I heard that mexico has different rules?

    Thanks for your help.


    AVR is valid for reentry only if you donot apply for visa in canada or mexico
    and if you come back to US within 30 days.
    Donot give you I-94 when you leave US.

    If your visa is rejected in canada, you cant re-enter US.



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  • ujayra01
    07-12 10:21 AM
    Most of the EB3 India applicants having received their GC between 2002 and 2005?

    You really got to be kidding us. The 8 people I know of in EB3 during these period is still waiting.

    actually, i think that the EB3 will also make rapid advances come October.
    with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.




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  • frostrated
    09-03 02:01 PM
    Does that also apply to a case where the person is employed in another country and getting paid there? What about a case where the H4 holder travels to their home country and works for 3 months at a local company and gets paid for it?

    Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.

    You are correct. An H4 cannot work in the US if they are getting paid on US payroll. They can work as long as they do NOT get paid in US. They can telecommute for a company in India for all you want, and get paid in India in Indian currency. The H4 holder will have to file taxes in India though.




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  • va_dude
    06-15 04:15 PM
    With regards to the 485, are these dates the dates our applications were received at the center? (which for almost everyone who filed in the jul 2007 fiasco would be prior to Aug 17, 2007).

    Or is this the notice date?

    My notice date is much later, end of Sep 2007 but the date it was recweived at TSC was around Aug 15.




    calif
    10-29 03:59 PM
    which service center?

    Give a try if they can update it.




    GCNirvana007
    10-08 05:03 PM
    You have to actually work for company A- be on their staff, be on their payroll, be there full time employee. W2 is only issued if u work with them and draw salary.

    Ok. So whoever runs my payroll is my employer. Lets say its Company C.

    Question is

    Am I obligated to Company A in any way?
    Am I obligated to Company B which had my recent H1B?

    Based on the answers i am assuming no but will wait to hear from you guys.



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