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  • Mahatma
    06-04 12:49 PM
    Please make the following correction in my earlier post.

    It is wrong to say that start NIW now. Do it after OPT.

    EB1 also should be done after OPT. Sorry for the oversight. I got lost in transition.




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  • gcformeornot
    05-28 07:31 AM
    from my understanding it wil start right away.. which means we will loose some time overlapping between the EAD's.

    I think it starts after expiry of first one. ( all other things work this way, why different rule for EAD?)




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  • anandrajesh
    01-05 01:41 PM
    This is very risky, if not done correctly.

    Assume that you would got the I-797 and started working in the US, subsequently, when you go for H1-b stamping in India, high risk of rejection there. This is because B1/B2 has a non-immigrant intention and changing the status to H1-b within the US sends the wrong signal to the Consular officer during stamping.

    Correct thing to do would be go to India after getting I-797, get the H1-b stamped, re-enter US on H1 status. Everything would be alright.

    I agree with what Boreal said. Also, you cannot get a H1 B stamping in Canada or MExico, if you change from B1/B2 to H1. You have to go back to ur country of origin to get it stamped.




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  • prem_goel
    07-29 07:36 PM
    Ann as always you are so upto the point and quote a valid source in your reply. Thank you so much.



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  • nefrateedi
    08-09 11:46 AM
    Have you put a last date for cashing, on your check?? I just want to know how to do it?
    Anyway why did you put this Aug 17th as the last day in your check? It looks like you have some extraordinary vision on things....
    Thanks for your wisdom and help to the IV community.

    I believe August 17th was mentioned in his/her post because that is the last day USCIS will accept employment based applications as per the revised July visa bulletin. It does not have anything to do with a date on the check.




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  • Aah_GC
    06-19 08:37 AM
    Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.

    irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.

    Sure, guess I was a bit irrational :)!



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  • gparr
    November 21st, 2005, 11:01 AM
    The first one




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  • abe1
    06-23 12:28 AM
    ndbhatt,
    If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..



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  • harivenkat
    05-05 12:16 PM
    Immigration bill would bring Arizona-style law to Pa. - Salt Lake Tribune (http://www.sltrib.com/ci_15017379)

    Rep. Scott Perry supports a proposal that would give police the power the check immigration status. An immigration lawyer said its overly simple.
    By JEFF FRANTZ
    Daily Record/Sunday News
    Updated: 05/04/2010 10:43:28 PM MDT

    A state representative proposed legislation Tuesday -- backed by several local lawmakers -- that was inspired by a controversial law passed last week in Arizona to combat illegal immigration.

    If passed, the bill by Rep. Daryl Metcalfe, R-Butler, would charge local law enforcement with checking immigration status, investigating businesses suspected of knowingly employing illegal immigrants and requiring businesses to verify a potential employee's legal status.

    The proposal came a day after state Sen. Daylin Leach, D-Montgomery, introduced a bill in direct opposition to Arizona's law.

    Rep. Scott Perry, R-Carroll Township, supports Metcalfe's effort and said he will likely join as bill co-sponsor.

    The federal government has failed to enforce the nation's immigration laws, Perry said, which is now forcing states to act because illegal immigration fosters crime, lowers wages and puts an added burden on taxpayers.

    "What do we gain having cheaper tomatoes in the short term to sell out our security and sovereignty in the long term?" Perry said.

    Both Perry and Metcalfe said the proposal doesn't target any one ethnic or immigrant group.

    Jos� Colon, president of the board for the Centro Hispano Jos� Hern�ndez, said much of York's Hispanic community agrees too many illegal immigrants abuse the system. He said he supports people stopped for violating the law having to prove who they are, saying it only makes sense in an age of terror.

    But Colon said the necessary immigration laws already exist, and the federal government needs to better enforce them. The federal government is more equipped to properly deal with the issue than states or municipalities, he said.

    Colon was also bothered by the rhetoric Metcalfe used introducing his proposal, when he spoke of murders and rapists. The vast majority of people here illegally came to work, Colon said, and it makes it harder to have the serious, necessary discussion of the issue with such inflamed rhetoric. And, he added, such talk could create friction between the Hispanic community and others.

    Craig Trebilcock, a local immigration attorney, said the federal government has failed to create a working immigration policy.

    But Metcalfe's policy is "still ridiculous," Trebilcock said. "The people pressing these laws don't understand how complex it is to determine the immigration status of someone."

    There are 42 types of visas, Trebilcock said, and that's before counting those granted asylum and others. Local law enforcement, no matter how well meaning, are not trained or equipped to become primary immigration enforcement officers, Trebilcock said.

    "You'll end up with a bunch of lawsuits," Trebilcock said. "A bunch of municipalities getting sued because of the thousands of people getting stopped, there's going to be a couple problems."

    Instead, he said, the law will discourage legal immigrants -- doctors, scientists, laborers, students -- that the country needs from every coming here.

    About the bill

    If passed, House Bill 2479, would:

    # Require an employer to verify a prospective employee's immigration status. Lying about immigration status would be a second-degree misdemeanor.

    # Require a law enforcement officer to verify a person's immigration status if the officer reasonably suspects that a person legally stopped, detained or arrested is in the country illegally. An officer could not inquire about people's immigration status if they were not first stopped for another offense.

    # Require county district attorneys to investigate companies suspected of employing illegal immigrants. Companies caught knowingly doing so could lose access to state grants and their licenses to operate.

    # Create a third-degree felony for intentionally smuggling illegal aliens into Pennsylvania. Police would be able to impound smugglers' vehicles.

    According to the office of the bill's sponsor, Rep. Daryl Metcalfe, Ron Miller , R-Jacobus; Will Tallman, R-Reading Township, Adams County; and Seth Grove , R-Dover Township, are co-sponsors. Rep. Scott Perry has said he will likely also be a co-sponsor.

    Click here to read the full proposal.

    Political outlook

    In 2007, state Reps. Daryl Metcalfe and Scott Perry were part of a group that introduced a series of bills that would have changed some of Pennsylvania's immigration laws. Those never made it out of committee.

    Metcalfe said Tuesday his proposal has bipartisan support but is not likely to receive much support from House Democratic leadership or Gov. Ed Rendell. However, he said, with a budget fight looming and representatives up for election in November, there could be an opportunity to muster the political will necessary for passage.

    But Metcalfe's bill isn't the only piece of immigration legislation now in Harrisburg.

    State Sen. Daylin Leach, D-Montgomery, introduced a proposal that would reinforce current laws and, in the event of future changes to federal law, stop local law enforcement to serve as immigration officers.

    "It is very important that we make it clear that Pennsylvania does not support racial profiling," Leach said.




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  • Cranberry160
    12-02 12:20 PM
    Miamikk,

    I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!


    Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?

    I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?

    Thanks!



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  • waitingimmigrant
    10-21 04:17 PM
    Reviewed by the judiciary commitee... they are reviewing it...

    On asking about the timeline the lady at that no. said she
    didnt know by what time will they be done ...




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  • amitga
    08-18 12:53 PM
    How do I find what priority date has been attached to my I-485?



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  • qualified_trash
    11-09 03:47 PM
    if you received the notice, then it is probably a courtesy notice. USCIS will only send the actual approval notice to your lawyer. so wait for the lawyer to let you know.




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  • malibuguy007
    10-03 12:49 PM
    Guys funds are needed all the time, so please keep contributing. The amount being asked is less than 1% of your monthly salary - is that too high a price for YOUR cause?



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  • samrat_bhargava_vihari
    02-05 04:12 PM
    Guys,
    Don�t spread false information if you don�t know.

    Possibility -- Yes

    Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.

    Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
    -------------
    I am not a lawyer use this information at your own risk.




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  • Administrator2
    05-08 04:59 PM
    Juliana Barbassa from Associated Press reporter is writing a story about legal immigrants with ITIN holders being denied economic stimulus checks. Please contact Ms. Barbassa to speak-up about this extremely important issue. Here is a message from her requesting members of Immigration Voice to contact her for in interview.

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

    Hi --

    I am an immigration reporter for the Associated Press, and am currently reporting an article about the economic stimulus checks that will be going out soon. I'm writing about how a lot of people won't get them because their spouse doesn't have a social security number _ chief among them green card holders with spouses who are stuck in the backlog, and haven't been able to get a social security number.

    I'd love to talk to people in this situation all over the country -- and at least one person, ideally, in the San Francisco Bay Area/Silicon Valley, so we can also have a picture taken. I hope to reach folks today, Thursday, because the article has to be done by Friday.

    I can be reached at this email address: immigrationreporter@hotmail.com

    Thanks much for your help,

    Juliana Barbassa

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



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  • GCWhru
    11-15 11:29 AM
    which city in TN?


    Memphis




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  • CaliHoneB
    09-21 10:50 AM
    After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.

    I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
    The solution is simple
    Eb2 = B.S+ 5 years of experience or M.S degree
    So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)

    I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
    I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
    Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
    The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
    I know it is a wishful thinking but I see this as a most practical solution on the table.




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  • omiboy
    09-23 10:56 AM
    Thank you for your reply.

    My perm was approved on August 27th 2007. The EB3 became current upto August 17th 2007. Besides, my lawyer got late in preparing the paper work for the PERM etc. and that's why we just missed.

    With regard to my situation, does this meanI have to file for my PERM and I-140 all over again?

    Also, is it possible under an H-1 for an employer to cut down wages and reduce work hours?

    Thank you for your time once again.

    Sincerely

    Omi




    RDB
    12-21 11:03 AM
    A1. Yes, they will interview you together.
    A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
    A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
    A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.

    Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).

    Hope this helps.

    Hello Everybody,

    My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,

    Couple of questions -
    Will they interview my wife & I together ?
    Is it advisable to take the immigration attorney with us for the interview.?
    Can the IO approve the case on the spot.?
    Can IO stamp the passport since my PD is current.?

    If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.

    Thanks!

    Ritesh




    sparky63
    November 21st, 2005, 11:41 AM
    I agree that #2 is the sharpest, but I like #4 best. The smoke trails from his nose and mouth give the shot a little extra interest ... almost makes the smoke a second subject or character in the shot.



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