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  • va_labor2002
    10-27 03:44 PM
    I just skimmed through the page and I see that there are 7 or 8 questions on Highly Skilled Immigration. Any one interested can post their Q as well so that we can make more impact. There are only 300 Q's and I hope he addresses Legal Immigration. Post your Q's. He is an expected Senatorial Candidate in 2008 out of VA.

    Any update on this ? Did he answer any legal immigration questions ?





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  • meridiani.planum
    01-08 12:03 AM
    Below mentioned points are from the NAFSA Adviser's Manual (2006 release)

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.



    Please let me now if these points are in place currently.
    And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
    I will appreciate your thoughts on this.

    no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.

    P.S: fix the subject, it is too generic...





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  • indianindian2006
    08-28 01:53 PM
    One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
    Here is the link.

    http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133





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  • manderson
    09-21 03:05 PM
    Hello. I am wondering which is the main factor behind getting your GC independence from your employer - the 180 day test or AC21.

    In other words, if you stay with your 140 employer past 180 days (from 485 filing) and he withdraws (after 180 days) will it affect your 485 process?

    I know that if you change your employer after 180 days through AC21 it won't affect your 485. I was wondering does it also work if you don't use AC21 but pass the 180 day 'test'....

    Thanks is advance.



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  • eastindia
    04-20 01:57 PM
    Just saw this message. Please forward to more people

    Send Mahesh Mahadevan - to - Home - Immigration Voice (http://immigrationvoice.org/forum/blogs/munnabhai/332-send-mahesh-mahadevan-to-home.html)

    Any help from will be greatly appreciated!

    From: nithyas@gmail.com [mailto:nithyas@gmail.com] On Behalf Of Surabhi organizing committee
    Sent: Sunday, April 18, 2010 1:33 AM
    Cc: Surabhi--the Indian Students Association at UCI
    Subject: Send Mahesh Home

    Our dear friend Mahesh Mahadevan has left us as of Saturday, April 10th, hours before his 23rd birthday. Mahesh was a second year Ph.D. student in Mechanical and Aerospace Engineering at the University of California, Irvine and an alumnus of the Indian Institute of Technology, Madras. Mahesh was a truly wonderful person with a bottomless heart, always willing to help everyone out without hesitation. His passion for life and people has inspired several of us to explore the world. He was genius in his own right; his thirst for knowledge and willingness to share it with us has made us better individuals. We miss him terribly.

    Now Mahesh has to find his way home to Cochin, Kerala in India. It is estimated that the entire process (mortuary, embalming, airfare, and funeral services) will cost several thousand dollars, which, as we all are well aware of, is forbiddingly expensive. It is time for us to come together and show our support. Please help Mahesh on his journey home and beyond. We, Surabhi--the Indian Students Association at UC, Irvine--request you to donate any amount possible by clicking on this link below. All funds will be transferred to Mahesh's parents in India. In the event of surplus funds, we will institute a trust and establish scholarships in his memory for under-priveleged yet brilliant young minds. In our efforts to be transparent, we will update this webpage everyday with donors, their contributions, and expenses. If you would rather be anonymous, please e-mail nithyas [at] gmail [dot] com.

    Please go to this website to donate: Send Mahesh Home
    If you have any questions, please contact the President of Surabhi, Nithya Sambasivan at nithyas [at] gmail [dot] com or 978-996-0231 or the Vice-President, Bharath Rajaram at bharath [dot] rajaram [at] gmail [dot] com or 281-536-3370.

    Please forward to Mahesh's friends and those who may help us in these times of need.

    Regards,
    Surabhi Organizing Committee
    University of California, Irvine.





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  • sankap
    07-05 03:28 PM
    http://online.wsj.com/article_print/SB118359095890657571.html

    Reversal Frustrates Green-Card Applicants
    By MIRIAM JORDAN
    THE WALL STREET JOURNAL: July 5, 2007

    The U.S. government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a rare chance to apply for a green card.

    The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.

    The problem began June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.

    By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas can't be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
    [Green-Card Limbo]

    The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents -- such as children enrolled in college overseas -- boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.

    "The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney and head of the state chapter of the American Immigration Lawyers Association.

    Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants," an agency spokesman said.

    Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations � Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said.

    In the July 2 announcement, USCIS said it was "rejecting applications" to secure green cards, and the agency spokesman said it would return the paperwork of all the applicants. New cases will be entertained again in the government's next fiscal year, starting Oct. 1. However, applicants must wait their turn again, which might not happen for years.

    News of the revocation of the previously announced bulletin dashed the hopes of thousands of foreign workers, many of them currently on an H-1B professional visa normally valid for up to six years. These workers face the possibility of being forced to return home if their visa expires before they get the chance to apply for a green card.

    "My employer and I spent tens of thousands of dollars preparing for the day when we could file for our Change in Status application, only to have the [government] pull the rug out from under us," said Lawrence LeBlanc, a Canadian executive at AES Corp. in Arlington, Virginia. "We were devastated to hear this unprecedented news. We're not sure how we're going to tell our children."

    Because there are more employer-based applicants for immigrant visas than are available each year, people wait each month to see whether they have gotten to the front of the line. Often people wait years for the green light to apply, especially if they come from countries like India and China.

    The June 12 announcement set off a stampede to government-approved doctors, because green-card applicants must pass medical exams. Apurva Pratap, a Seattle-based senior manager for a multinational corporation, said he and his wife traveled 40 miles for a medical exam after they couldn't secure an appointment in town. To fulfill a requirement for a vaccination, they waited eight hours in a line that snaked around a mobile unit in Tacoma. Mr. Pratap, a native of India, has been in the U.S. since 1999.

    A spokeswoman for the American Immigration Lawyers Association said it has called for a congressional investigation. An affiliated organization is expected to take legal action via a class-action lawsuit. "This is an example of how badly our immigration system is broken," says Kathleen Walker, president of the American Immigration Lawyers Association.

    Write to Miriam Jordan at miriam.jordan@wsj.com1



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  • Ann Ruben
    01-26 10:05 PM
    The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
    __________________________________________________ ______________
    USCIS Adjudicator’s Field Manual, Chapter 23.2



    …….(2) Exceptions to the General Rule .


    Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:

    (A) H and L Nonimmigrants with “Dual Intent.”

    Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.

    As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.

    Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:

    • remain eligible for H-1/H-4 or L-1/L-2 classification,

    • are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and

    • are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).


    If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.

    __________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.

    Ann





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  • chanduv23
    11-21 02:14 PM
    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.

    If he is in IT - no need to worry at all. Hiring is going on in full swing which is unusual for this part of the year.



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  • uma001
    11-04 04:44 PM
    The title of the thread is misleading. Please change it.

    Amul


    How to change the title?





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  • Widget
    06-23 03:53 PM
    Tried to chat but it is not possible to chat now.

    A White House chat on Immigration...

    with Michael P. Jackson
    Deputy Secretary of Homeland Security

    Transcript
    http://www.whitehouse.gov/ask/20060623.html



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  • Jerrome
    10-19 10:45 AM
    I have got the A#. Thanks guys..

    is this the number same even to my 140? I guess this number is assigned at the 140 stage.

    so if i give a call to USCIS and ask the status by giving the A# will they tell me the 140 status.





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  • sweet_jungle
    12-04 05:46 AM
    This year in August, most of the WAC I-485 cases were given an unfair beating and were largely neglected in the approvals. Most of these cases are not current now but many will become again next year. So, based on this year's experience, we need to prepare so that we do not again get beaten up. By WAC I-485 cases, I mean cases filed in July 2007 in NSC but were receipted at CSC and sent back to NSC. In g neral, it applies to all cases which were transferred between centers

    There were mainly 2 issues faced:

    1) Biometrics for these cases do not get attached to file. Reason is when we do the biometrics, the results are sent to CSC because the case number starts with WAC. The results do not automatically get transmitted to NSC. Most of us had to make phone calls to make it happen. By that time, precious time was lost and the visa numbers got over.
    The issue will now again come up as most of our fingerprints are approaching 15 month expiry. So, when we again do biometrics in the next few months, the results will remain stuck at CSC.When in July/August in 2009 , we will become current again, our cases will not get picked due to lack of biometrics. So, how do we go about fixing the problem? Writing to ombudsman? I am looking for suggestions. I did write to ombudsman and got some standard response.

    2) Second issue faced was inability to file service requests. Even though processing dates were more than 30 days from receipt date, the system was not allowing filing of SRs as it was taking the reps. to CSC 485 processing times which are stuck at 2006. This is totally unfair and if a LIN person is able to file SR we should get the same right. True, SRs often invoke some useless response. But, if PD and RD are current, it can be quite useful.

    So, I am asking for suggestions for tacking the above problems so that we can be prepared for next year. The time to act is now.



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  • nogc_noproblem
    04-09 04:22 PM
    My friend, who applied (during June 2007) for his EAD renewal around 60 days before his actual EAD expiration date, haven't got it renewed in time. After the expiry date, his employer asked him to come to work only after obtaining the renewed EAD. He has been told that in case of EAD it is not legal to work just with receipt.





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  • FUNTIMES
    04-15 09:55 AM
    I am also having the same issue. My return has been rejected twice already.



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  • dish
    03-20 03:53 PM
    TALENT Bill, a new, stand-alone, business immigration bill developed by Compete America, a coalition comprised of AILA and various corporations, universities, research institutions and trade associations. AILA Doc. No. 06021668.

    http://www.aila.org/content/default.aspx?docid=8846

    This is what I got googling for talent bill





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  • shantak
    07-18 07:57 AM
    e-filled.
    Thanks

    Can I call them and ask about it ? This is scary. My friends who applied after me got it and I'm moving in 2 weeks.

    appreciate any suggestions.

    dont worry, it is taking a little longer because of the flood of applications. 3 weeks is nothing to worry.



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  • EkAurAaya
    10-11 01:03 PM
    My labor cert priority date is Aug 21, 2006 and my 140 EB2 was filed in Dec 20, 2006 and I received the RFE last week from NSC.

    I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.

    One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...

    Go with what your lawyer suggests

    Good luck





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  • paskal
    01-22 06:22 PM
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  • Leo07
    05-20 04:12 PM
    How many in this forum are yet to file AOS?
    Hello Members,

    I am starting this thread to get idea on how many new members on this forum who didnot file for I 485 during July 2007. Numbers can give us some idea on future campaign etc.. Please submit your answer and keep this poll on top of all threads for few months.





    larmani
    10-25 06:26 PM
    We went to SanJose Charcote dr. last saturday. Our appointment was at 3pm. But we went at around 1PM as our daughter has a tutoring class between 2-4. They accepted and let us do at 1:15pm. It is cool and not much croud. There are around 10 FP machines and took about 15 min to finish. Our LUD changed next day on our 485 applications. But check the address one day before the appointment. As it shows 122 charcote dr. inside But outside you would see 5 digit numbers and you would easly miss. Also you will not see USCIS on outside board(it shows as some Application center).





    getta05
    03-27 01:10 PM
    Yes Ofcourse it is going to be serious business,
    I mean it is not for the purpose og gaing a GC.
    I plan to buy a franchise as in SUBway, QUIZNOS.

    Is there a minimum # employees that I have to maintain and how soon can I apply for GC.
    Should the employees be permanent.

    Yes I will keep this updated.

    Thank you,



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