Friday, July 1, 2011

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  • n2b
    02-05 12:10 PM
    Thank you both for the responses.





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  • h1b6years
    04-28 01:26 AM
    Greeting everybody: I have been working for the same Company since 2002 first J1 then 6 years of H1-B expiring on July of this year (2009). Currently my employer is going thru the process for a Green Card with our Legal Firm and they proposed me an E Visa while the Green Card approval process is work in progress (I passed the DOL approval and I'm in the middle of the recruiting phase). I'd like to get a third party opinion if I can be granted a Green Card switching from H1-B to E Visa.
    Anyone familiar with this matter?





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  • ravi98
    11-24 12:13 PM
    Ezra Klein - Should states set their own immigration quotas? (http://voices.washingtonpost.com/ezra-klein/2010/11/should_states_set_their_own_im.html)

    The Kauffman Foundation has a report out ranking the "new economy" states. Their methodology "measures the extent to which state economies are knowledge-based, globalized, entrepreneurial, IT-driven and innovation-based � in other words, to what degree state economies� structures and operations match the ideal structure of the New Economy." The winners? Massachusetts, Washington, Maryland, New Jersey and Connecticut. The laggards? Mississippi, West Virginia, Arkansas, Alabama and Wyoming.

    I never really know what to make of reports like this, but one of the metrics is "immigration of knowledge workers," which really isn't under the control of individual states. Visa quotas are set by the federal government. But why? There are a lot of places where a national solution really is best, but that seems particularly untrue in immigration. Detroit, for instance, has a lot of empty houses, a lot of shuttered factories, and a lot of emigration. They could probably use a bunch of immigrants to occupy homes, buy things, and start businesses. Similarly, California has had a pretty good experience with letting highly skilled immigrants start tech firms in the Northern part of the state. Maybe they'd like to let even more of them in to do it. These graphs explain the potential appeal (click for a larger version):

    immigrantbusinesses.jpg

    There are obvious difficulties with having a California visa that doesn't work in Oregon. But we have limited visas now -- think student visas, or temporary agricultural workers -- and we seem to get by all right. Another concern would be that certain states would be overtaken by xenophobia and basically shut off immigration, though Arizona suggests that you can do quite a lot to make immigrants miserable even without changing the number of available visas, and my hunch is that any state that went too far in this direction would face a tremendous outcry from its business community.





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  • tdasara
    03-06 04:03 PM
    The use of H1b is extensive just to promote false news....

    H1b and Greencards are used in the same context. Many 'technology' magazines don't like either GC's or H1b's.

    GC process is a 'fair' atleast when it comes to prevailing wage and so they quote 'H1b' quite often to build up their case.



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  • learning01
    02-19 09:24 PM
    I am yet to read the details. For the benefit of members here can you post an abstract of the link here? Then we can take it from there. Thanks.
    'Comprehensive' Legislation vs. Fundamental Reform: The Limits of Current Immigration Proposals
    By Marc R. Rosenblum
    Migration Policy Institute, MPI Policy Brief No. 13, January 2006
    http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf





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  • mirage
    01-03 01:51 PM
    Guys,

    I have my I-140 approved. My wife is filling I-539 form for extension of stay. I just want to make sure from you guys, in the form where it says 'Are you an applicant of an immigrant visa' she has to say 'No'. As I am guessing until I-485 is filed, our answer to this question is always 'No'.

    Thanks



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  • vvpandya
    05-12 08:44 AM
    Is anyone having an issue with logging into account at uscis.gov?





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  • gc_kaavaali
    04-09 12:51 PM
    Hi,

    Just want to ask does USCIS conduct personal interview when approving 485 application??? Is it mandatory? If not, on what basis they would conduct interview?

    I really appreciate your help.



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  • pa_arora
    06-25 01:45 PM
    When we use the recent I94 (from the H1), do we need to say "were you inspected by an immigration officer?" as "yes"?
    The start date for this should be the date of entry at the airport or the start date on the recent I94?

    You were inspected by the immigration officer thats how you got the I94, there is no I-94 vending machines out there, atleast that I know of.

    Your second question is not clear. Ur Date of Entry is ur start date of the I-94, so whats the question.





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  • yadav
    10-19 12:59 PM
    Make sure you do not travel out of USA before you get your approved AP, since as per the law if the person who filled I485 leaves the country without AP then it is considered that he abandoned his I485, with the exception given to H1B/H4 and L1/L2 (and youdont have any of these)

    If you leave USA without AP then you need to restart the process, if you have AP then that is all you need to travel.



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  • raysaikat
    06-15 04:07 PM
    Yes I did send a copy of I-485. I also sent a copy of her previous approved AP.

    Did you send copy of her I-485? I-485's are individual petitions.





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  • gc_on_demand
    05-18 03:53 PM
    Hi,
    I am currently on h1b visa without a project from past 1 year in US and my employer asked me to convert to L2 visa dependent on my husband who is on L1 visa . I do not have any paystubs for my stamping. If I go to canada consulate for stamping, what is the success rate for my visa being approved?Will I be able to come back to US without any issues.Also, can you suggest me to which consulate should I go for my stamping?Please help!

    Thanks.

    If you didnot receive pay for 1 year means you were illegal in USA. This site is for highly skilled Legal immigrants. you can file a complaint against ur empoyer for not paying wage once you are on L2. If you win case against ur employer keep record with u and go for l2 stamping .. you should not have any issue.

    Note : I am not an attorney. This is my view and can be differ from other.



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  • snathan
    05-17 10:41 PM
    You can say 'Yes', but it will trigger unnecessary questions from IO. I am not sure about the consequences. If I were you, I would say NO as its not full time course and not going to change the status to F1. I beleive you should say 'YES' only if you change to F1 visa in the future.





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  • gcformeornot
    08-08 08:32 AM
    about your situation. I think I-140 requires lot of original company documents.
    I-485 required only Medicals in Original and EVL original. What is your lawyers saying?



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  • InTheMoment
    07-28 01:49 PM
    phew !

    Receipt Date is the date they receive your application
    Notice Date is the date they generate the receipt

    We are interested in the former (so it happens to be July 2nd in your case)

    Wait for your receipt and confirm that the "Receipt Date" printed on your receipt is July 2 (99% of the cases have the date CIS physically received the package)

    sorry for my ignorance.. But is that again July 2nd (receipt date on my application) or date they issue me Receipt #?





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  • WFGC2006
    07-20 02:40 PM
    maybe this question has been asked before, I just couldn't find the thread.

    These days with tons and tons of I-485 applications received every morning, how is USCIS gonna decide which one to process first?

    If it's strictly on "first received, first processed" base, then it may well be that one guy with 3/07 PD date may have his application processed earlier (thus earlier AP and EAD) than one with 5/06 PD date. Simply because the 3/07 PD guy sent out the package much earlier than the 5/06 PD one.

    Do I understand correctly?

    Is this fair, though?



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  • miyp
    06-12 11:38 AM
    I am going to file application for renewal of EAD of my spouse.She was on H-4 when she came to USA and she got EAD last year. She will start working from Aug 08. She has not used her EAD till now but went to India on AP.

    1.What is manner of last entry and the current immigration status for her? Is it Parolee or H4 status in both cases?
    2.I have filed I-485 after July 2007. Can I E-file? As I read somewhere on forum that On or after July 30, 2007, applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.

    Thank you.





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  • 123456mg
    12-12 06:20 PM
    You are not alone. I will be joining the same pool. In fact, I have already served a notice and would be leaving this company of mine on the same day on which I will be flying to India. I do not know if there will be any issues of it while coming back on AP but I would have already passed 180 days well before it.

    Gurus, please advise.





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  • IndianEB3Wait
    10-31 01:42 PM
    Hi Gurus,

    Thanks for your time on this post. I appreciate your responses.

    I have a question regarding AP. I have AP's based on my pending 485. Recently i traveled to India (on a family emergency) using my AP which was issued in 20th Nov 2008 valid till 19th Nov 2009. I had no issues & got thru JFK using the same.
    I was out of US from Sep 23rd thru Oct 24th 2009.

    Before leaving US I applied for my AP in early Sep, which got approved by Sep 29 and was in my mail box by the time I arrived. The New pay roll has validity from 20 Nov 2009 until 19 Nov 2010.

    My question is, I may need to travel to India again for couple of months that is some some time near 5 Nov 2009 & will be back by Jan 2010.

    Do you guys foresee any other issues? , I herd that the AP is NOT valid if you are out of the country.

    Best Regards
    RK





    mmandal
    06-11 11:38 AM
    Guys,

    Can someone please let me know whether it is possible / advisable to travel while H1 approval is pending?

    She is currently in H4 with a valid stamp in her passport. She filed for her H1 and was selected in lottery. She has a receipt but her approval is pending.

    We were interested in making a short trip to India before Oct 1. But the consulting firm advised against it as according to them if she re-enters in H4 (even before Oct 1) while her H1 approval is pending, her H1 application will be cancelled and she has to restart the process all over again. Something to do with the last status on re-entry.

    My thoughts are: The change of status will be effective Oct 1, 2008, why would it matter if I travel prior to that date?

    A lot of you may have experienced the same dilemma, so please let me know...

    thanks.





    rajsand
    10-07 10:10 AM
    I am also on the same boat.For me and my wife we only I-765 recipts only and the rest are not there.Checks are also encahsed only for this.I am not sure what is is the logic and which one will follow is it 485 then rest .



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