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  • ksircar
    05-11 10:20 AM
    Guys,

    I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.

    http://capwiz.com/aila2/issues/alert/?alertid=9589591

    Letter content pre-exists if needed you can change.

    Let's inundate senate & other members with what we are facing..

    -IV2007
    EB2 Labor Pending

    But, its main focus is on increasing H1B visa numbers ... should we involve ourselves into that?




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  • fuzzy logic
    07-01 10:22 AM
    Thanks for your replies.

    I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.

    I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!




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  • Leo07
    09-16 05:52 PM
    done done done...




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  • eb3_nepa
    10-19 09:43 AM
    So what is the rule? The salary should be exact or can it go up or down?



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  • gchopes
    08-04 09:41 AM
    The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
    --
    It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.

    In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.

    ---




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  • WeldonSprings
    05-27 01:48 PM
    120 days, but 90 days atleast


    Does anyone know how many days prior to expiration of EAD, we can file for extension?



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  • smileyslimey
    11-30 08:59 AM
    Hi,

    My current H1 expires in Nov 2007 and I am working in the oil and gas field. I am also pursuing an MBA which will end in mid-2008. My current employers have started the PERM process and hopefully I will have an approved I-140 by mid 2007, so that I can get renewals at that time.

    The question is that if I want to shift to another industry, say consulting or supply chain management, after my MBA is over, can I get a new H1 from my would-be employers? That is while I am on my current I-140 renewal with an oil and gas job description? I will have exceeded my 6yrs by then, anyway.

    Any advice will be appreciated.
    Thanks.
    Regards.




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  • CADude
    01-12 01:20 PM
    This is illegal to send passport across country. Talk to Attorney. I will suggest for India trip, if required or notirized copy of passport.



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  • raj2007
    06-17 02:32 AM
    I am planning to apply for both Canadian Permanent Residency and US green card next month. Assuming that I get my Canadian Permanent Residency and US Greencard after two years, what options do I have to maintain the permanent resident status in both countries, so that I am eligible to apply for citizenship in both countries.

    Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.

    Please guide me on this.

    How can you ride on 2 horses?:)
    Canada needs 3yr PR for citizenship while US needs 5. I feel it wil be issue while border crossing. US is very strict and they may take GC away.Take canadian citizenship first and then apply here. Thay way you can have both.




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  • WaldenPond
    01-07 12:54 PM
    Hi All,

    I am a new user to this forum. I have been reading all the messages in this forum silently from the past couple of weeks. This is very interesting to see lot of efforts are going on to get the relief from the retrogression. I am also one of the victim for this. Here are my details.

    Labor PD: 19 Nov 2003.
    Labor Approved: 17 Nov 2005
    140 filed: 5 Dec 2005.
    AD???????

    Hello gcloker,

    It was very nice talking to you just now. We feel that motivated individuals like you can really make the difference with this effort.

    Thanks You for extending your active volunteering and participation with this effort. Please continue to invite more of your friends and we will together make it happen.

    -WP



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  • BeCoolGuy
    04-13 08:02 AM
    Always speak the truth..!!!

    Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.

    Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.

    Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.

    Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...

    AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.

    Goodluck




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  • kprgroup
    08-03 01:45 PM
    Did your denial letter has similar wording?..............just curious



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  • gc_lover
    06-28 03:46 PM
    USCIS is thinking of setting the priority date to ......India's independence day Aug-15-1945. Mera Bharat Mahaan.

    It's 1947...Now we know not to listen to you :p




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  • bank_king2003
    04-22 02:04 PM
    So basically you are saying you cannot sue the people responsible for greencard problem.

    I think the only option left is to either sue God or sue yourself for your bad luck.

    Sorry if i was not clear. i meant to say that for visa recapture one cant file a lawsuit against USCIS but one can definately file a lawsuit on USCIS for following things if at all we can prove it

    1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.

    2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.

    3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.



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  • jonty_11
    08-13 06:40 PM
    just read teh 3rd post above urs...phew!!! that was tiring wasnt it...




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  • jsb
    10-30 04:01 PM
    I have future GC filed from Company X, the priority date is February 2006.
    I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is if I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?
    What could be the implications?

    It is advisable if work at Y is significantly different than what is in LC filed at X. There is no other negative impact of that, other than filing fees. If Y is willing to file for your LC go for it. That way you are not restricted by rules of AC21. There is no limit on how many I-140 or LC's you can have.



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  • gcpool
    08-23 04:01 PM
    Why are they different for different years




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  • kirupa
    03-05 11:10 PM
    No problem Ames. I have split your entry into its own thread.

    :)




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  • reddyram
    07-18 03:24 AM
    That is to frighten you. US law : You can leave anytime. Indian law ? maybe they can take u to court and pin you down - but they have to serve u ...and u r in US
    Leave man........




    conchshell
    07-29 11:00 PM
    We have to understand one thing clearly. Whether we support amnesty or not ... at any given point we will find an uphill battle called CHC in front of us. Even after a new president gets elected, this congress is gonna have same composition for next three years. CHC understands it well that with a delayed legal immigration reform, US competitivness gets affected, and that's why they do not want to loose this opportunity to get amnesty for "undocumented workers".

    So even after the election when new administration takes on immigration reform, CHC (with the help of all like minded Hispanic organizations) will always put hurdles for legal immigration reform to get the amnesty. In that entire brohaha, what compromise comes out ... no one can guess!! Its quite a possibility that "undocumented workers" may be placed in front of us for a GC, afterall politics is an art to make the impossible possible.

    My gutt feeling is that CHC will not make any compromise before elections, because it has a fear of loosing Hispanic votes. Its more likely that they will sing a compromise note after the elections, but upto what extent they will be flexible only time will tell. Meanwhile, we can run flower or phone campaign, but this will not have any impact on CHC.

    So we may take any stand, we may fight CHC, we may shake hand with CHC, or we may stand without any stand on this issue ... ultimately we will face this brick wall called CHC sooner or later.




    it is ok
    05-18 05:27 PM
    Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.

    But with this provision, those PHDs will get their own quota, they would not have to contend with EB2 or EB1, right?



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