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  • unseenguy
    06-19 07:04 PM
    Let me enlighten you folks here who are talking about double standards.
    First of all this has got nothing to do with with your immigration issue. Next, the Iranian President has said that Israel should not exist and even denied the holocaust. With their nuclear program underway and talks going on, it was being thought that a more moderate leader will come to helm. Apparently it is now being believed that the elections were rigged. With a moderate leader, it is quite possible that talks may begin and an imminent Israel-Iran war be averted. How can 11 million votes be rigged? If they are counted fast in a few hours, yes they can be rigged.
    Every country has issues that their population follows. Its no different than any issue that is followed in Indian media. When one issue dies down, another is brought in forefront. Why are you even surprised?

    Well, If Mahmoud Ahmedinejad is referring to genocide then he needs to be condemned and if people have chosen him then there needs to be international pressure on iran to change its policies. However, this election is about choice by Iranian people and their genuine will should be respected. Everyone knows that west hates current dispensation in Iran but best thing to do is not to poke nose in other's affairs. This is something west does often and world despises.

    The truth will ultimately come out. But is best left to Iranian people. The moment west sniffs an opening they are all for regime change where they dont like regime. They havent leanrt to live with and respect choices of people where it does not match their agenda.

    Past elections have been rigged in India , US , everywhere, so there is nothing new in this. Those who have the power will want to retain it.





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  • Heart
    10-08 12:51 PM
    Thanks to you all, I will update after talking to an attorney.





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  • gc_samba
    07-17 02:56 PM
    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?





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  • calgirl
    05-25 07:50 PM
    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    What does the above statement mean??
    So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?



    Here is my reading of the amendment.

    If you look at the original bill (S2611) Section 508 reads

    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    **************************************************

    Bingaman Amendment 4181 and 4182 on the other hand state

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

    ************************************************** ****

    Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

    SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
    Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

    I would appreciate comments as my analysis may be wrong.



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  • a_yaja
    06-18 05:24 PM
    Here is my situation:
    I-140 approved and about to file 485.
    Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
    Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
    You can apply for EAD at anytime. All you will need is a copy of your I-485 AOS receipt (which I think USCIS will send to you, but I am not sure).

    After 6 months (180 days to be exact), your employer cannot revoke I-140 (and hence I-485) if you invoke AC21.





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  • vallabhu
    12-20 11:13 AM
    Does she have valid visa stamped on passport for the day she is landing in US?



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  • Nil
    11-04 01:34 PM
    {As per 8 C.F.R. � 204.5(e) in order to transfer your old I-140 priority date on to the new I-140, you have to ensure that the old I-140 is approved and will not be revoked by the employer or the USCIS. You have to then file a new PERM, once this is approved file a new I-140 and request that the PD of the old I-140 be ported to the new I-140. This is the process. }

    Thank You for clarifying.
    After the new PERM is approved, is it possible to actually premium process the new I-140?





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  • Tito_ortiz
    01-16 11:37 PM
    I am afraid the DreamAct folks will just again dig their own graves. That record number will just prove that the change.gov effort is a system which may not attend necessarily needs of Americans, but rather the will of anyone including foreign nationals and illegal aliens. Sorry, just wanted to share a honest reality.

    I see that Dream Act folks are trying to get > 60000 points, to showcase their support. We need to match for the posts like Legal Immigration in there. Currently the top posts for "legal immigration" are around 2000 points. Not many ppl are not taking interest.


    Please vote up on our causes! Easy job..but please act!



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  • GCNirvana007
    04-01 01:42 PM
    Please update your profile.
    GCCovet

    I understand he hasnt updated his profile what i dont is someone like you logging into a forum and focussing on who has updated and who hasnt.

    How about addressing his concern first and then politely asking to update?

    And yeah, the masterminds here has created a great invention called Red and Green dots - Go ahead and give me your blessing





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  • w000f
    04-22 12:08 AM
    How can you check that FBI namecheck has cleared? Call the FBI? I see quite a few people with date of the FBI namecheck on their sig.



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  • javadeveloper
    07-27 04:03 PM
    Any Idea , which section of 9089 Form we need to look for the position/designation/title our company applied for? Is it F.3 or H.3? here is the 9089 form http://www.foreignlaborcert.doleta.gov/pdf/9089form.pdf





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  • tigerk
    10-02 01:52 PM
    You can apply. Depends on type of loan. May not require a cosigner also. Enjoy US free market economy.

    Can you please provide some more information on applying for a student loan without a co-signer, when you are not a GC holder or US Citizen? Thanks



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  • qualified_trash
    11-16 09:53 AM
    there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.

    your information is not accurate.

    filing for AOS does not give you an EAD. You have to apply for it.

    There are many people who remain on their H1 after filing AOS as travel on a valid H1 with a valid Visa stamp is a lot easier than applying for AP etc...........





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  • coopheal
    03-13 10:12 AM
    Thanks. It is employer decision.
    I know of cases where, H1b was not cancelled.
    Can you please give link to USCIS site stating the rule ?

    ALL: Please share your experience in this area.

    I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.

    I am not sure why you company would like you to move from H1B to EAD?



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  • dsneyog
    01-14 10:44 AM
    Thanks. there is hope. I paper files too and included self paid return envelope. Was yours renewal or fresh? Mine is fresh.Paper filed AP in TSC on Oct 28th 2009 & received the document on Dec 24th 2009 by mail.

    Hope that helps.





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  • pappu
    03-14 03:12 PM
    could someone volunteer on this thread to set up a call and inform everyone?



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  • hoolahoous
    11-01 11:58 AM
    part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"

    not sure what your point is. the list clearly states

    "Unemployment compensation is also not considered for public charge purposes."





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  • prabhu07
    05-21 12:02 PM
    @surabhi - Adios Amigos.





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  • Hong12
    02-04 01:12 AM
    I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.





    Puncher
    June 1st, 2005, 01:39 PM
    As a starting exposure, try the "moony 11" rule, ie. aperture of f11 and exposure time of 1/ISO (ie. about 1/125 for 100 ISO, etc.).

    End of Year: Any Predictions [Archive] - Immigration Voice

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    sripk
    05-17 02:24 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.