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Saturday, June 25, 2011

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pcs05-31 11:56 AMbump



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gc2826201-16 04:48 PMIf I am going to get a new H1B ,do I still need to invoke AC21?

Invoke AC21 irrespective of whether you are joining the new employer on EAD/H1.



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gcdreamer0511-03 10:15 AMI would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.

An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.

--Parag


Hi, never heard of the lifetime cap of 12 years of h1b, can you please provide any link or any info about this ?



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deba07-18 12:42 PMYou are deemed to have lost Canadian PR if you have not fulfilled the 2 out of 5 years residency requirement. The issue may not affect you immediately, but will come up in case you decide to renew your PR card after 5 years. You will be asked to detail your Canadian residency for the past 5 years in your application. Note that this is only a requirement for the plastic card, not the landing paper: which is the proof of granting of PR. The plastic card is required for any travel back to Canada except for road travel from the US. Once your 5 year validity for the PR card has expired, it is upto the border official on the Canadian side to decide whether to let you in without a valid PR card. However, with a US GC you do not need any visa/permit to visit Canada and can safely let your residency requirement lapse automatically if you have not met the 2/5 Canadian residency requirement.

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tselva06-02 06:53 PMThe points for to-do-list after GC by Samswas are great..Just a little comment as I talked to my attorney now...

DON'T throw away, rather keep your I-94, as you never know, until you get citizenship, what documents you may need to show in which circumstances varifying legal status leading to GC... It is just a word of caution not to discard the I-94 but to archive safely, but he is right that we should not give it to airline official....

Best wishes to those who are waiting...


Can anyone please explain why we should not give current I-94 card to airline official (after getting GC) when you go out of the USA ?



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shana0408-03 11:42 PMWhy is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....

I can understand your frustration, but not abuse language please. We all are going through the same trauma.

Libra has not said any thing bad and you do not have to fell bad for it or use any absue language.

We should stand united and not fight among our selves.

God bless you and your family and I would pray God that you get your checks cashed atleast before me.

Keep faith in God my dear friend, one day we all would be set free.

Good luck to you and Libra and all other friends here in IV.

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satishku_200006-15 11:08 PMDude i think you have WAYYYY overestimated the processing times!!

I think I might have ....I will not be surprise if they establish BECs for all of these ...:) BECs for AP, BECs for EAD and BECs for 485 ...

The guys who dint have experience with BECS in labor stage will see what BEC means. People like me have to experience more than once ...

If CIR passes in its current form forget about GC for 15 more years ....:D :D :D :D :D :D :D :D :D

This is what an american friend of mine mailed me back when I told him that I can finally apply for my 485..

"Glad to hear.

but.... correct me if I'm wrong but that doesn't really mean anything does it?
doesn't that mean that you're just moving from one line (where you can somewhat see your progress) to another line (where there is no update)?

I'm not sure what the 3rd stage means. it's waiting for another 5 or 10 years or something right?
any benefit or anything?"

Afte that I explained him I will get certain benifits like EAD and AP blah ... Here is is response

"well that's cool then. :-)
glad to hear.


So... this means another 3 to 10 years of checking a website every day or... do they not let you do that?
:-)
Just wondering if you'll have any sanity left by the end of that time.
"



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guyfromsg02-07 03:19 PMSome banks like Bank of america you can see the deposited check's front and back image..Sorry you may already know this...

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bigboy00706-03 01:57 AMThis came up to my mind : In senate there was voting on whether to bring immigration bill or not on to table , voting is around 60+ - 30+ , now these 30+ are sure they are going to reject it atleast with 90% confidence. we need to target the remaining 60 more compared to 30 who are already against to senate bill. This is very imp i dont know how to gather those details any help please ?



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absaarkhan01-18 10:33 AMAll,
I have a very GOOD update on
"IS H1B TRANSFER POSSIBLE AFTER ENTERING US ON ADVANCE PAROLE"

I posted this question On Rajiv Khanna's website on
The question is on the Jan 17th conference Questions list.
He answered my question.

According to him even after you enter on AP, u can still work for the same employer on H1B, and he also confirmed that we can do a H1B transfer even after using AP, NO NEED TO GO OUT OF USA FOR H1B STAMPING.

This is a very good info for me i was trying to get this info for a while now.

Hope this will be useful to atleast some of us.

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Eb3_frustrated07-31 11:09 AMYour wife can work as along the date on EAD is valid, EAD is employee authorization, it not a visa status unlike H4. She can have a EAD and be on H4 at the same time. It does not matter if you filed an extension for H4 but she can work if the EAD is valid ie end date on EAD has not passed.

This is just my thought based on my experience, remember I am not an attorney, consult one if you need dependable answer.



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Mahatma02-19 09:01 AMConsult a good lawyer.

Is your spouse a US citizen? Do you want to use I-130 based greencard option?

After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).

As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.

Your priority should be:

1. How to avoid this 180 day situation

2. How to maintain status

-by EAD only
-or by H1 (cap or non-cap)

3. How to attain GC

-By I-130 only or

are there other options

If your spouse is a citizen, usually GC will be done in 1 or 2 years.

You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).

Again, a good lawyer will be your best advisor.

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dressking08-31 11:58 AMI think there is some truth to this poll.

A lot of Americans lost their jobs to foreigners because they are over qualified for those jobs.

Well, when you buy tools for yourself, you buy the cheaper ones that have all the functions that you need, not the most expensive ones that have all the functions, including the functions that you don�t need. The same thing happens to people as it does to tools.

I think most people will become overqualified at some point in their life. The best thing to do after you have become over qualified is to start your own business in the field that you are over qualified for. With the experience you have in that field, you will have better chance of success. If you don�t want to run a business, try investment. With the money you have earned earlier in your life, you should be able to do some investment. If you have invested in real estate, try to make money from the real estate you own.

One should take responsibility for oneself. The government can only take care of the citizens to certain point. Mothers can only breast feed their babies to certain time, and parents can only take care of their children until they are 18. Parents can not take care of you all your life. So don�t expect the government to take care of you all your life, either.

I am writing this here because a lot of us will have this problem in our life later on.



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hpandey11-10 02:57 PMHi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

I will appreciate if anyone has a solution to this problem. All answers appreciated.

I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.

Is this something new because I renewed at NY earlier this year using my I-485 receipt and they renewed it for 10 years . I had a very old expired visa stamped in my passport.

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mmk12312-19 04:41 AMAfter near to unsuccessful attempt to spoil healthcare, *R* team is getting ready to spoil immigration reform efforts. Writer is well-known for talking baseless, stupid and racist comments. But, unfortunately the political atmosphere is such that even SJ news-paper couldn't resist posting this. Fasten your seat belts and get ready for even more bumpier ride than health reform.



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HV00008-10 08:47 PMReforms To Visa Programs For Highly Skilled Workers.

IMPROVING EXISTING IMMIGRATION
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
23. The President Is Directing The Department Of Homeland Security And The Social Security Administration To Study The Technical And Recordkeeping Reforms Necessary To Guarantee That Illegal Aliens Do Not Earn Credit In Our Social Security System For Illegal Work. Currently, aliens who make Social Security payments while working here legally can continue to accrue credits even if they overstay their visa. Improved data-sharing can lay the foundation for eventual Congressional action to eliminate this practice (which proved an obstacle to comprehensive reform). The relevant agencies are ordered to report to the President with a detailed plan for eliminating the problem.

The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!

SEPTEMBER Rally would be ideal to raise these issues!

ISSUES THAT WE COULD RAISE DURING THE RALLY
1. Eliminate EB Backlog
2. Processing Timeline for I-485
3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
4. Uniform Processing Methodology across all USCIS Service Centers
5. Uniform Level of Customer Service across all USCIS Service Centers
6. Increase Coordination between USCIS and DOS
7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
8. More Transparency and flexibility in invoking AC21
9. Decrease the time to invoke AC21 from 6 months to atleast 3 months

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miguy06-25 10:22 AMI though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify



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syedajmal07-28 09:40 AMI just filed for my I-140 in EB2 and I am from India. I would like to know what happens in these circumstances

1, I get laid off from my company before the Approval of my I-140

2, I get laid off after the Approval and before I can file my 485( Is there a window of certain days that make a difference afte the approval even if I cannot file my 485)

At this point I have a good relationship with my employer and I don't see a reason they will cancel or revoke anything that has been filed for me.

Thanks in advance for your replies.



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h1vegas06-24 03:01 PMPls reply



go_gc_way05-23 10:22 PMA job well done Salil Pradhan ..

I think , Article rightly points out .. "We all have a tremendous sense of insecurity and uncertainty about the future".



jayleno02-01 04:28 PMKumar...if you are joking please put a smiley either before or after you exclamations. Tell me if you are not...I will join right away :). Who in the world doesn't want to become a "star quickly"?? :)

Start doing AmWay or QuickStar. That is the best thing a person can do !!!!!!