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  • bestofall
    07-30 12:19 PM
    URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL

    --------------------------------------------------------------------------------

    House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.

    Majority Members (Democrats)
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    Howard L. Berman (D-CA) 202-225-4695
    Sheila Jackson-Lee (D-TX) 202-225-3816
    Maxine Waters (D-CA) 202-225-2201
    Bill Delahunt (D-MA) 202-225-3111
    Linda T. Sanchez (D-CA) 202-225-6676
    Artur Davis (D-AL) 202-225-2665
    Keith Ellison (D-MN) 202-225-4755
    Anthony Weiner (D-NY) 202-225-6616

    Minority Members (Republicans)
    Member Name DC Phone
    Steve King (R-IA) [Ranking Member]202-225-4426
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035





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  • rkat
    12-13 03:46 PM
    Swamy - (with due respect to IV who i totally support in every which way!) but what have u done other than joining a state chapter, contributing $$ to IV and holding signs at the DC rally.?? Is this what ur life has come to now..?? Only to motivate people to join IV..?? How long do u plan on conitnuing to do this.?? Wake up buddy..!! Yes we are stuck in this mess now having filed for AOS and the indefinite future wait for cases to be approved..!! There is no doubt about that.
    But somebody like dyekek12 who seems to be new to the immigration world - whats the harm in sharing with him options that maybe more practical for him 3-5 years from now.! If somebody would have adviced me back in the hay days - i would have surely listened.! There are 3 SENIOR members who seem to agree to what i have said.! All of us cannot be socially challenged.! Sorry swamy - i disagree.! How would a college professor or a dept. head answer his Q....Myfriend - ..." there is the real world and then there is the immigration world........!!!! "
    The immigration system here in the US is like fire - and if u try playing with fire there is no doubt in my mind that you will only get burnt.!! (again - i'm not a village bellie neither am i socially challeged - i am only being realistic.! thats all.! and i know it hurts!)





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  • ivgclive
    04-13 09:24 AM
    It is good that you came out at last to check in IV.

    You and your employer are tied on a fraud rope strongly, you can not get out of it. If he wants to jump into the water or you, you guys pull each other.




    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?





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  • mps
    09-06 11:46 PM
    Wow ! This is going to kill real estate market for sure !

    I know my friends who live in apartment here in US but they have purchased investment properties in India.

    Certain metros had seen unprecedented zoom in real estate prices which was heavily supported by NRI money especially returning IT workers.



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  • on_h1b_since_1998
    02-08 03:11 PM
    Thanks guys for the quick reply. Just one thing I would like to clarify. My old company was not acquired by the new one. It shut down and the client for which I was working then, transferred my H1B and employed me.





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  • newbee7
    07-05 12:48 PM
    It is mostly be cause they wanted to teach a lesson to DOS for opening the floodgates. Also, backlogs are one key performance indicator for USCIS and is reported to congress. If 100k, plus people apply right away and another 300k in next couple of months, it would look bad on their records.



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  • gantilk
    04-27 11:02 PM
    I see the following in the USCIS website:

    "Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service."

    Can somebody clarify this please? I applied 485 during the July 2007 fiasco and want to renew my EAD now? Can i e-file with $340 fee?





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  • tammigaw
    02-15 02:14 AM
    It says own/lease/solicit ...blah..blah with any competitors , but the language is very generic and now he says that there is a word in the text and it could be opened to any interpretation based on his convinience .

    When i asked him to explain the clause during the time of signing he said that i could not join his competetors for this client . I felt this cluase is reasonable to protect on his business interests , so i sighned it .

    Now he is manuplating it to accomodate his interested , so he can squeeze more money out of me .

    During my stay here , he NEWER paid me on time andi had to call him 20 times and mail him for 10 times ..literaly begging to get my pay .

    If in worst case , if he tries to execute this non compete in court i am not sure if it stays valid , based on the manner he ran his business .

    Can any one please shed some light in this grey area.



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  • gc67890
    11-16 10:19 PM
    IV gurus Please help.

    My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
    Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.

    Is it true if a company laid of people it should wait 6 month before it files for labor again?
    Is there a way to avoid the waiting period.

    My friend is in 5 th year of his H1B

    Thanks





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  • amitjoey
    10-23 11:57 AM
    No question is stupid, we are all learning and there are always these complex and everchanging provisions. I-140 Premium is not available as of now. It could change anytime. Is $1000.00 Lawyers fees? for filing I-140? COs s/he cannot ask for PP fees. Go to USCIS home page to figure out what the I-140 and I-485 FEES are and add your lawyers fees to it to get an approximate total.
    Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
    With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
    Do not lose hope.


    I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
    I just received today my LC after a long wait in backlog from 04/2001.
    1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
    2. How long will be until this I-140 gets approved? Anyone who did this lately?
    3. I�m filling I-140 together with I-485. It matters, time PP wise?
    4. Is there another�next step� towards the GC or just wait for those to be approved?
    5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
    I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.

    I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.

    Thank you guys for your attention and thanks IV for the good work done so far.
    :)



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  • CaliGC
    06-15 04:12 PM
    Our I485 approved today and officer told us we will receive our cards in 6 to 8 weeks. Thanks
    Hi RLNY122004

    Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.

    1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?

    2. Did you speak on the phone?

    3. When was your name check cleared?

    4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?

    5. Was your I-485 case trasnferred to Texas/Nebraska recently?

    I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.

    TIA





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  • desi3933
    03-03 11:54 AM
    Thank you Desi!
    Man, that is one heck of confusing language, I am still trying to understand it.

    Main line is this -
    In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    Translation -
    If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.

    An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.

    __________________
    Not a legal advice.



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  • breddy2000
    07-21 09:29 AM
    EB3_NEPA

    As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.

    And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.

    If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...

    I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.

    Hope this helps...





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  • Gravitation
    06-22 10:01 AM
    There are not enough numbers in the house to pass CIR. It may be pushed in Senate for political reasons and may pass easily, but there's no such hope -whatsoever- in the House.
    If CIR is to ever pass, 2009 is the best year.

    So, there's no hope of passing in what could the best possible year for CIR! Am I the only one to whom it all sounds very ominous?



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  • lynchbaby
    03-09 01:08 PM
    In similar context I have a few questions...

    The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
    Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.





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  • EndlessWait
    06-18 04:00 PM
    Under Part 3.

    What should one put for
    1. Nonimmigrant Visa number
    2. Date Visa Issued
    3. Consulate Where Visa was Issued.

    I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????



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  • blackberry
    07-30 01:59 PM
    Many of us are in this situation.
    Can someone throw some light based on prior experience,
    who gets the receipt notice when using G-28.
    #1. Lawyer Alone
    #2. Applicant Alone
    #3. Both lawyer & the applicant.

    --BB





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  • bbenhill
    11-13 08:51 PM
    I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.

    #3 : no, only show H1B approval from ur spouse.
    #4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
    #5 : I believe you are not out of status but you are violating H1 condition.

    But again, Please check with ur attorney since I am not an attorney.

    Sorry if my answers will scare you a bit.

    Regards,





    I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
    So my questions are,
    1.Can I apply for visa status change from H1B to H4 in USA or
    a. I need to go outside USA and reapply for H4 visa in my home country or
    b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
    2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
    3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
    4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
    5. Under what scenarios and When would I be considered out of status?

    Thank You in advance.

    Arpu





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  • dealsnet
    07-16 10:42 AM
    You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).

    Hi

    My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
    Does her AP has to be applied before end of this I94.

    Thanks

    DS





    coopheal
    04-12 03:01 PM
    Gurus, I just got an email about RFE on 485 application for both of us (myself and wife). My PD is Sep 2006, EB2, not sure why the application got opened and whats the RFE about. I am still working on h1 (renewed based on approved 140) and still has 1.5 years left. Is someone on the same boat, i mean RFE's on 485 though PD is not current??? If the RFE is about my employment, would my wife also get the RFE ?? I am with the same employer from almost 6 years.Do i get the copy of RFE too or just the attorney?? Thanks Guys, appreciate your help ....

    Don't worry much its more than like going to be a medical RFE.

    I had an RFE recently with similar status. See thread....
    http://immigrationvoice.org/forum/showthread.php?t=24601





    mariner5555
    07-17 08:25 PM
    just wanted to confirm one thing again ..does this mean we should definitely be getting our EAD's ?? also I would urge all members to be active with IV ..till we get citizenships and even after that ..spread the word !! if we are united we can get things done ...



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