Wednesday, June 8, 2011

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  • enthu999
    09-09 04:18 PM
    I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.

    Thanks

    Theo

    Until you file for 485, you don't have immigration intent, I-140 is employer application.
    So, you might be ok with TN renewal. Once you file 485 you cannot go for TN renewal.

    Also, If your I140 is approved I guess you can apply for H1 beyond 6 yrs. Else, the normal 6 year rule may apply in which case folks have to stay out of country for an year and come back.




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  • continuedProgress
    01-03 11:21 AM
    YOU: If thats a valid visa until 2009 you can travel without AP. Else, you can travel but will need H1 stamped.

    YOUR WIFE: If she needs H4 stamped, she can get that done and re-enter.
    If your travels are not urgent you could wait for AP and save couple hundred bucks!




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  • sertasheep
    09-15 07:25 PM
    We have received only 5 nonfrivolous questions to date in preparation for the next call. This does not meet the critical mass of 20-25 questions for justifying a conference call.

    Please follow process detailed in earlier thread ( http://immigrationvoice.org/forum/showthread.php?t=1267 ) for us to consider your questions.




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  • go_guy123
    05-31 05:39 PM
    If I remember my Uncle's word correctly, it was Ted Kennedy who was instrumental in relaxing (changing) the rules for future immigrants in 60 or 70's. Only then, we saw a huge increase in immigrants from India especially doctor's and engineers in 60's & 70's.

    Yes you are correct. Before 1965, there were immigration quotas based on the population mix of the existing US. Therefore western European countries like Germany, UK, Ireland etc
    had higher immigration quota compared to say eastern Europe, Asia, Latin America etc.

    So that 1965 in some way equalized the quotas. In order to the satisfy the "anti"s in those times they kept the 7% rule and hence the speech referred above by Ted Kennedy. So late 60s onwards people from India (including my Uncle) started coming to US.


    In fact in the past there have been periods of very restricted immigration to US
    http://www.lotsofessays.com/viewpaper/1690197.html


    By the way here is the case...
    http://en.wikipedia.org/wiki/United_States_v._Wong_Kim_Ark
    where the 14th amendment (birthright citizenship) for children of illegal alien parent was tested in US supreme court.
    Therefore all these rules that you see tabled in congress to deny citizenship to some US born children are pure media publicity stunts.



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  • ashkam
    03-29 11:40 AM
    Cacophonix, your refutation to the diarist's and Bob Oak's claims was brilliant, well-researched and best of all, well-articulated. Kudos to you.




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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.



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  • dvvb
    03-01 01:53 PM
    My case:

    Worked with Co. A from 2000 - 2005
    Labor filed in EB3. Priority date May/2003

    Worked with Co. B from 2005 - 2008
    Co. A Labor approved in Feb 2008
    I-140 filed and approved in Mar 2008
    I-485 Filed in June 2008 as future employee

    Working with Co. C from Nov 2008 on EAD.
    Now Co. A filed for chapter 11 and closed their shop.
    Atty. from Co. C said to file AC21.

    What are my options ? Should I file AC21 immediately or wait till my case comes up for processing ?

    Anyone in similar situation or have an idea next steps.




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  • obelix
    12-22 03:44 PM
    Side question, very much related to OP's question.

    How to run the payroll while you still waiting for SSN?

    My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?

    I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.

    I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?

    Thanks



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  • whoever
    09-29 03:42 PM
    Anyone have a clue?




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  • ram04
    01-28 10:49 PM
    It seems we are in synch.
    Sep 04

    MTR approved in December 09.

    RFE for EVL on 23 rd Jan 23 rd.

    Replying this week.

    Let us see what is in store.



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  • memyselfandus
    06-03 08:59 AM
    Since i had to spend US $ 70 on passportport photos during july 2007 filing, i wrote my own app to format passport photos. some of my my friends and i used it for filing AP the last couple years. i can email it to any of you if you want it. just PM me.
    you would need .NET framework(minimum version 2.0) to run it.
    it supports indian passport photos too (3.5 cm by 4.5 cm) :)

    I have used this site to generate several times.




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  • wandmaker
    12-05 11:16 PM
    I was recently speaking with a member and he told me that people even congratulate each other when they have LUDs. :D

    My response is here http://immigrationvoice.org/forum/showpost.php?p=201725&postcount=171



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  • pappu
    12-13 01:05 PM
    After giving the call for the meeting only one member responded and met me. If there is no active interest by members how can we all get things done. We need every member to participate in the effort. Together we can do it!!




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  • smiledentist
    06-21 12:37 AM
    I am a dentist in state of CA,and filed for EB2 green card.In April
    2006 applied for my
    PERM from MD Dental, a dental group with 5 offices and about 30
    employs and owned by 2
    partners.Also in April 2006 they applied for my H1b visa.Further PERM and H1b
    both were approved
    and in may 2006 I filed for I-140 from the same company.I-140 had a
    RFE but was approved
    in Feb 2007.Meanwhile in Oct 2006 both partners had a misunderstanding
    and they split the
    company into 2 companies with one partner getting 2 offices and the
    other partner getting
    3 offices.Originally my perm was filed from the MD dental Van-Nuys
    office, which was
    given to partner A who then told me to file for a new H1b as tax ID
    number for the
    employer has changed but my job location would not change.I filed for
    a new H1 visa from
    partner A which was also approved and started to work for him till Feb
    2007.In feb 2007 I
    found a new job again as a dentist with a different company and moved
    to that company.I
    am still in good contact with both partner A and partner B of the old
    company.
    My question is if I could file for I485 from MD dental which is
    already split with
    approved I140, or I could file it from partner A or partner B`s new
    company showing
    either of them as succesor of interest.Also can I invoke AC21 in 6 months and move to my current employer..
    Please advice.



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  • jgh_res
    06-22 11:27 AM
    Download trial version of Adobe Acrobat professional, type in the form and save the form. Reopen it and verify whether ur data is there or not.

    Before u do that on actual form, save a copy of it and do it.

    All the best!!!!

    I guess original poster is asking about saving forms after filling it up. You can save the form but the data that you filled up will not be saved. If someone is actually able to save the form along with the data, I'll be interested too to know how.




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  • bfadlia
    03-17 02:00 PM
    I recommend http://www.usavisanow.com/

    very efficient, and great pice too



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  • khris49
    10-21 02:12 PM
    Hi Khris,
    Do you also have 2 PDs in same EB2 category?

    I have submitted ombudsman case sheet by mail.

    My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.

    yes sir, I do. One with my old employer and the other with my current employer. Thanks for the information




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  • godspeed
    02-11 10:43 AM
    Pappu,
    I agree, and so just to vent, IV forum participation must be a give and take, it is shameful and unethical to ask questions and run away once its been answered or their problems are resolved, we have thousands of members and only a handful of them have contributed towards 2009 contributions, the total has not even touched $1500?? there is a limit to being a free rider, at times like these when legal immigration has hit bottom in the priorities list, cant we atleast pool some money and support those who are trying to work for us?? is it too much to ask? its just not enough to say "god will help us", god helps only those who help themselves.
    On the contrary I think IV forum can be stress relievers. One can share their pain, anxiety, news and questions with other people in the same boat.




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  • kirupa
    07-21 12:56 PM
    Hardly - performance is one of the big advantages of Silverlight. It runs a similar version of the .NET CLR in it! What are the examples that you've seen that run slowly?




    factoryman
    06-14 05:57 PM
    I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).

    So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.

    When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)

    Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)

    Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)

    There is a supplemental 693 also for vaccination records.

    Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
    There are A, B, C and other versions. I filled A

    Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)

    Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)

    Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)

    I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.




    joshNJ
    06-29 12:06 PM
    if an A# is present in the I-140 receipt should that be used to fill the 485/EAD forms ?

    thanks



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