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  • gg_ny
    09-18 06:33 PM
    If you are referring to my earlier mail about NIH, it is not a university but an umbrella term for 12 + National Institutes of Health. The institutions are completely funded by and part of the federal government. If there are immigrant investigators working there as staff members, they should at least have GC already. But, postdocs and other 'glorified' staff positions require either J1, H1, EAD from NIH or employed in such visas by contracting staffing companies.


    If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.

    Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.





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  • Dhundhun
    10-26 01:28 PM
    Huh??
    I'm just curious. How will the driver read "No right turn on red"? There is no sign for that.

    As far as "No right turn on red" is concerned, there could be text only (http://www.safetysystemshawaii.com/store/assets/images/product-catalog/bs_regulatory_signs/r10/sr16_4ea_18x24_hi.jpg) or sign only (http://www.trafficsignstore.com/R10-11c.jpg) or both.

    For "text only" cases also drivers of other languages must honor. The sign test has several "text only" questions. I think, DMVs are making effort, so that other language driver also must know all the signs and texts - at least by taking exams.





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  • chanduv23
    09-14 02:29 PM
    ALL THE HEROS AND HERIONES TO DC

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  • sw33t
    11-07 07:54 PM
    95 and counting



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  • anilsal
    12-13 12:52 PM
    Typical travel agent replies are: "if you have valid visa stamped, then no need for transit visa".





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  • mingan
    12-19 02:10 PM
    Jut get a notorized letter from a ex-employee preferable lead and manager. Also it would be nice if she/he gives it in letter head

    you mean ex-employee on his current employer's letter head? does it work?



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  • Raj Iyer
    09-13 12:02 PM
    Filing I-140 petition on your behalf signifies immigrant intent. So if you travel outside, you could potentially be denied entry.

    The safer option would be wait till your I-140 gets approved, if your PD becomes current, filed I-485. If the PD is not current, seek 3yr H-1B COS under the AC 21 provisions.





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  • Suva
    11-12 04:17 PM
    Don't give any suggestion on which you don't have any clear knowledge.
    "LostInGCProcess" is right in his answer. Visa does not decide duration of stay in US. Duration of a visa is the time when you can enter US legally. But the person's stay in US is decided by I-94 at port of entry. I have seen quite a few people coming here in US with visa expiring within a month but got I-94 for a duration of 3 to 6 months.

    The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.

    When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.



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  • Prashanthi
    03-26 05:46 PM
    The law is very clear in this matter, you can travel while an extension is pending you cannot travel if you have filed for a change of status.
    Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.





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  • IAspire
    02-21 10:17 PM
    Thanks a lot for the links snathan. Is it possible to return to India at any stage of GreenCard processing and then come back to India once the EAD is approved.



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  • anilsal
    12-13 12:01 PM
    What on earth makes you legal to work with an expired Visa?

    Expired visa stamp. His H1B approval petition with a new I-194 at the bottom provides his work authorization.

    To answer your question, since you will need to get a visa stamp in India, it is better to check with the french consulate, as to whether you need one. Typically, the US visa stamp on the passport that has not expired is usually sufficient.





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  • EndlessWait
    06-29 10:24 AM
    I am putting an extra freshly painted mailbox with a big bold name in red color and a message-- 'Put my greencard here' for the postman. :)

    Lets see how many years it will take for him to finally grant me my wish.

    what are the permissible choice of colors? pls i need help...



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  • Munna Bhai
    07-10 10:01 AM
    I'm not from India, can I come ???

    :confused:

    Come to india, trust me you will enjoy the life...easy to get work visa.





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  • GCWhru
    03-24 12:22 PM
    I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?

    Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.

    If you have traveled you have different i94 from the recent travel and different one in extension.



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  • snathan
    02-17 06:10 PM
    The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?

    Since you are already very close to the GC, I would not recommend to go for EB2. It would take 1-2 years for the PERM and I-140 get cleared. By that time you might have got your GC. If your employer is ready to spend, give a try and you are not going to lose anything.





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  • bbenhill
    01-08 12:24 PM
    totally agree on that. i was about to say the same but thought may be some people cannot communicate properly in english and thats y the "demanding" tone.

    I agree.. I think when a person become a business owner they should be able to communicate with polite way ..:) just one of my cent :)



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  • dixie
    12-01 02:11 AM
    The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.





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  • naushit
    01-09 02:58 PM
    Guys Here are my ideas for actions.

    Our community is facing basically two types of problems

    1) Visa number shortage.
    2) USCIS Administrative problems.

    Visa Number shortage is not fixable without proper law change.

    While USCIS Administrative problems are easier to handle.

    I would suggest, after new homeland security secretary (Janet Napolitano) takes office on Jan 20 2009, We should simply take 30 minute appointment.
    Sit down with her....and explain her along with "Power point" presentation.

    We are highly skilled professionals, so lets tackle these issue very professional way.

    We should explain her about following things

    - Out of order case processing ( this will fix about 40% of our problems)

    Since our case becomes very very predictible.. one can sleep at night without checking their emails from CRIS.

    - Timely publication of numbers.

    - Proper publication of backlog numbers with details for each category.

    - Open communication with IV community just like Ombudsman take calls from public.

    - Please add your idea here

    Thanks!
    Naushit.





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  • randallemery
    03-10 10:22 PM
    Immigration Press Briefing
    9:00 am PST, February 28, 2006

    This week the AFL-CIO Committee on Immigration adopted one of the most innovative and progressive frameworks for achieving real comprehensive immigration reform. As it stands today, our immigration system is nothing more than a blueprint for exploitation of both foreign and native-born workers. Overhaul of our nation's broken immigration laws is long overdue.

    We believe that America deserves a more just and democratic immigration system that protects the interests of ALL workers within our borders-immigrants and U.S.-born workers alike.

    It's a tragedy that instead of advocating for permanent relief to the millions of undocumented workers already in this country, paying taxes and contributing to their communities, our nation's leaders continue to push for the same old hollow policies that if enacted will only drive immigrants further into the shadows of American society while allowing employers to depress labor protections and standards for ALL workers within our borders.

    Instead of comprehensive reform, many of our leaders continue to look to outdated temporary guestworker programs as a cure-all solution. Real immigration reform cannot and should not be designed primarily to enlarge guestworker programs that have served only to provide greedy employers with a steady stream of vulnerable, indentured workers they may exploit for commercial gain.

    This week AFL-CIO unions have voted on a landmark resolution that breaks away from this oppressive guestworker mold and offers a more just and viable solution that will benefit all workers. To be effective, comprehensive immigration reform must include three key, interdependent goals: 1) reform proposals MUST provide a clear and well-defined path to permanent residency for those workers already here and contributing to their communities 2) our laws must include uniform enforcement of workplace standards to ensure a more just and level playing field and 3) to achieve a blanket standard of workplace right, we MUST reject outdated guestworker constructs that by their very nature harm the interests of foreign and U.S born workers alike.

    The horrific abuses suffered by workers in the first such program, the post -World War II bracero program, are well documented and indisputable. And although most people like to think of bracero programs as a phenomenon of the past, the reality is that their legacy of exploitation and abuse continues to thrive in contemporary American society through modern guestworker programs such as the H1-B and H2-B. President Junemann will talk more about how employers take advantage of H1-Bs and exploit workers while eroding wages and workplace standards within the high tech industry

    We believe that there is absolutely no good reason why any immigrant who comes to this country prepared to work, to pay taxes, and to abide by our laws and rules should be relegated to this repressive, second-class guestworker status.

    To embrace the expansion of temporary guestworker programs is to embrace the creation of an undemocratic, two-tiered society.

    To combat this model, the AFL-CIO has put forth a more humane and democratic alternative. We propose that if employers can demonstrate a real need for outside workers, these workers should be allowed into our country with the SAME RIGHTS AND LABOR PROTECTIONS of any U.S. citizen. When there is a real need for foreign workers, we should embrace these workers NOT as "guests" but as FULL members of society --as PERMANENT RESIDENTS with full rights and full mobility that greedy employers may NOT exploit.

    What immigrant workers need is a real path to legalization and a method for addressing America's future needs for outside labor in a way that guarantees immigrant workers--and thus ALL workers--full rights, and a real voice on the job. As a nation that prides itself on fair treatment and equality, we simply cannot settle for anything less.





    small2006
    08-28 05:15 PM
    This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21

    Response from my attorney for a similar question a while back was that the sponsoring company that has filed for your GC should "relieve" the attorney from representation and then they are free to represent you alone with some other company. Unless you don't want the current employer to know about your plans, you may try this option.





    gccovet
    06-19 12:38 PM
    I am on my 7th year H1B. I got a 3yr extension from my current employer based on approved I140. I have the I140 receipt number but do not have a copy of 140 (my employer refuses to give it).
    I also do not have the LCA for Perm filing.
    My 485 has been filed more than 6 months ago.

    I do have the new I797 (till 2010) for my H1B extension from my current company.

    1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?

    2. Is I140 required to do EAD extension ?

    3. What are the consequences of not having an actual I140 copy with new employer in future.?

    If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
    GCCovet