Wednesday, June 29, 2011

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  • admin
    04-06 10:51 AM
    I'm deleting the original text of this post since it is causing confusion: Only Hagel Martinez Provisions Being Considered, Not Oct 05 Hagel Bill.

    I've started getting phone calls, and emails on this.

    Please find a definitive source before posting any facts and figures in the next few days. There are likely to be a lot of rumors and theories flying around.




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  • mdy_tvr
    09-26 03:09 PM
    Hi Guys

    I am about to file the 485/EAD/AP based on EB2 PD May 2003.

    My lawyer says that after July 30th 2007, if we are filing EAD & AP along with 485, then we do NOT need to include the fees of EAD and AP. The total fee in such a case is 1010$.(485 + Biometric = 930+80 = 1010$)

    Is this correct that if EAD/AP are applied with 485 after July 30th 2007, then there is no special fee for EAD/AP

    Thanks




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  • Antonio Trivelin
    October 3rd, 2006, 04:15 PM
    Hi Kevin !!!

    Tks for the comments !!!

    Nice that you come here again !!! I would like to know you too personally but this cities are far from here, but i have a lot of photographers friends in Rio de Janeiro and just one in Belo Horizonte.

    If you need something there, just ask me ok.

    They are always here in this photo forum: http://fotografiabrasil.com

    They always make photo-tour in Rio, they are great friends !

    Abra�o,

    Antonio




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  • dealsnet
    01-07 09:17 AM
    Go to Airport for a defferred inspection. They will correct it. Many people here got it corrected. Don't waste time here for answer thomacha.........

    Anybody who had an I94 issued only till the validity of the visa and not until the I-797? At the POE the guy simply wouldn't understand when I tried to explain to him that I have an extension (797) valid from 4/10 t0 4/11. He gave me an I94 only until 4/10. I read that people go for deffered inspection and get it corrected. Anybody who did that in a similar situation active in IV now? Any suggestions on how to proceed? do you go to the nearest international airport or an off-airport location?



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  • starscream
    06-06 10:29 AM
    Below is a decsription of this amendment from AILA document which lists all the amendments that were discussed yesterday

    http://www.aila.org/content/default.aspx?docid=22584

    It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa

    This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.

    The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.

    From the aila doc:
    Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements

    Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.

    Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.

    The amendment was agreed to by a vote of 71-22.

    --------------------------------------------------------------------------------




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  • pani_6
    04-30 11:49 AM
    This site has been a hope for lot of us in dark tunnel..sometimes the only hope..From couple years now...
    Thank you immi-law for all you efforts...!:)

    Time for gratitude ...



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  • lord_labaku
    09-22 03:56 PM
    Your existing PERM is ok as long the acquiring company (successor in interest) keeps you in the same job (almost same job) with similar duties in the same location ( I am not sure exactly on location though it would make sense)

    Even though I didnt have a PERM case go through this scenario. I had an old style case through BEC that went through company acquisitions.

    Your attorney will have to file amendments and other supporting documents (like ability of new company to pay etc etc)




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  • mbawa2574
    08-21 06:22 PM
    ??



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  • vivcha
    11-18 04:36 PM
    Hi,
    I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India). Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.In case I apply for F1, can I :
    1. Start my classes till my transfer from j1 to f1 is pending
    2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?

    Thanks in advance.




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  • nyte_crawler
    04-13 11:25 AM
    I have a valid AP that expires in July and I am going to travel using that at the end of April. But I have also applied for another AP and it is pending. Can I travel or will it create any issues ?



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  • nehas
    01-29 05:35 PM
    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?




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  • drirshad
    09-16 04:53 AM
    Your husband could have answered this question with his 8th year extension in progress. But here it is, once you start working for a company on H1 and they file ur GC starting with LC and if the process is pending for a year then u get automatic extensions going forward. With PERM the LC is getting approved more faster and you should have it within the year. As for H1 to wait until oct 2007 that will be for new H1's if u were already on a h1 before you can convert to one anytime not waiting until oct2007. :)



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  • IV2007
    08-13 09:53 AM
    How on earth will I knw who she is. All I know is, that's the name on my
    tracking reciept acknowledged by at NSC on July 2nd at 2.35 P.M.

    What's the confusion ? I guess she's employed at NSC :D

    With USCIS playing with our fate - we need to look at all possible issues..




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  • javadeveloper
    03-28 06:34 PM
    If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.


    My project is getting over, and it seems hard to find a h1b job.

    pls advice

    I think your employer should cooperate with you by not withdrawing your I-140.



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  • abhisam
    08-18 03:39 PM
    this is the first time I have heard such a situation. as far as I know..uscis had to do either of the two things..return the package or send reciept notice. I dont think they are allowed to keep the application fees if they dont intend to process the petition.

    Please check with other people..but what your lawyer is saying does not sound right to me. Have you checked with the company sponsoring your brothers H1-B? maybe they can ask the lawyer for a definite answer.

    Also, did you apply under regular processing or premium processing? if it was premium processing..USCIS had to give an answer by April end.




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  • Lisap
    09-27 04:37 PM
    So those that filed before the 30th of July will have to pay 340/ year until we receive our green card??



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  • ChainReaction
    02-19 11:02 AM
    As far as I know priority date can ony be transfered when the I-140 is approved. Go ahead and get both I-140 approved and use the earlier date towards the new one at the time of filing of I-485.

    Thanks for the reply




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  • hotscud21
    01-08 01:39 PM
    can you please let us know your PD?




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  • tosca_travels
    09-27 03:51 PM
    I am fine with abandoning the current H1-B extension process. My question is if there will be any problems leaving the country on an expired I-94 even though I am still technically in status.

    My concern is that I will have problems if I apply for a tourist visa or H1-B visa in the future.




    EkAurAaya
    08-18 10:21 AM
    i did the same... selected 485 only, i asked the lady who checked ID she said that was ok...
    also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)




    purgan
    02-04 12:58 PM
    I have heard if one leaves the country while AP is being processed, the application is considered abandoned.

    My lawyer specifically stated this.

    This is an interesting twist..anyone else care to comment?



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