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  • saketkapur
    10-28 10:55 AM
    Please talk to a good immigration attorney.....following is just my opinion and do not take it as legal advice as every case is different.

    If you have filed for AOS and are past the 6 month mark, have a valid EAD then you can invoke AC21 and change jobs.
    Else your new company will most probably have to file a fresh labor and I-140 for you however you should be able to port or re-capture your PD.....

    Again talk to a lawyer or post in the lawyer portal.........

    best of luck





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  • lazycis
    01-15 10:48 AM
    Hi!
    I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.

    I was wondering if you know of any law that I can show them and ask them to pay for the same.

    Thanks in advance :)


    -Supported the million dollar drive

    Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998

    Sec. 413 (a)(vi)(II)
    "It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
    is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."

    http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf

    Legal fees may be different.





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  • akred
    06-23 01:06 AM
    Interesting question. Since they are taking 8-10 days or more to generate receipts perhaps we can send papers in now and hope they generate a receipt in the first week of July.





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  • setpit_gc
    05-27 07:14 PM
    Got the RFE document.
    Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.



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  • tinamatthew
    07-21 02:00 PM
    Thank you katrina for your response.
    My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
    I also wonder if my entries from 1986 will show up when they check the records.

    It probably will not show up, but if you think you will be that nervous then you may want to get an attorney. But your case looks ok. You have maintained status since your last entry.





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  • immihelp1
    09-29 06:36 AM
    Singhsa & Smisachu,

    Thank you for sharing your experiences.



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  • hopefulgc
    08-03 02:25 PM
    I like the idea of linking to the High-5 campaign a lot.
    $5 sounds like a resonable donation for replies to a harrowing immigration question from experts who have lived it, seen it, done it.

    BTW... Could we have a link that bring one to the paypal page directly where you could choose from a drop-down from $5, $10, $20... More like one click donation.
    This would save potential donors from having to sift through the Contribution page and locate the place to click to get to the paypal page. It is likely lead to a lot of "conversions".

    Just a thought





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  • sdrblr
    06-29 02:37 PM
    Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".

    What are my options. Can you guys suggest where I can buy the insurance from.



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  • laksmi
    01-10 12:03 PM
    Based upon the situation AOS you can move to different employer without invoking AC21, if the employer may not revoke I-140, just continue to work with H1B if it is valid and make sure you are employed, if you get RFE from USCIS make sure you have good attorney to prove that you have moved to new company and there by invoking AC21, you may not get RFE this could be worst case situation.





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  • shruthii_1210@yahoo.com
    09-30 08:05 PM
    All the above answers are favor to the employer and not to us (employee).
    Can any of you help by posting some ideas (for changing the employer before 180 with the approved i140 and EAD cards) in favor of the employee bcz i am really very sad about my situation. plz help brothers !!

    Thanks
    karthick



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  • delhirocks
    06-25 12:51 PM
    Regarding your 1st issue...My lawyer advised me to attach the scan copy with 485, but definately have the originals in hand in case there is a RFE.

    I don't want to take a chance, so Iam asking my parents to send it through 2nd day fedex as well. It will cost me maybe another Rs 2-3000, but what the hell..

    Hello All,

    I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.

    I have two issues I am not sure about how to procced --

    1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?

    2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.

    Please let me know if you know anything about these questions. Appreciate all your responses.

    Thanks.





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  • ras
    02-21 04:31 PM
    but not all the details have been asked except for the ability to pay and 2007 tax returns.



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  • amitga
    03-21 10:38 AM
    Please see my answers below.

    I'm on H4. I have got an offer from a company and they will do my H1

    I have few questions

    1)How easy it is to transfer H1's to another company? What documents I need?
    The process of trasfer is same as applying new H1. Only thing you need paystubs from the existing employer to trasfer H1.


    2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
    what documents do I need?Do I need to go out of US for this?
    H1 to H4 trasfer is also possible, but again pay stubs are required.


    3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
    Yes you will be subject to cap.





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  • Libra
    07-15 04:10 PM
    Its very simple, they are anti-immigrant channels, dont you know lou dobbs, o'rielly anti-immigrant shows have more ratings, so there is no way they want their viewer change their mind on immigration system. they are surviving on anti-immigrant programs.

    All we can do is exposing their lies, and make atleast few of them know most trusted new channels are not so trustable.

    I have the same question. If somebody knows please let us know



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  • up_guy
    02-22 10:05 AM
    My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa

    I have following questions -

    1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?

    2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?

    3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?

    4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?

    5) How difficult or easy is to get J-1 wavier

    Thanks in advance for your replied





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  • dixie
    11-28 11:51 AM
    Its just like how introducing the PERM system sped up labor certification, but increased retrogression several times. Guess we have to learn from that. FBI name checks are already taking 2+ years, you can imagine what will happen if all the retrogressed PDs become current overnight.



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  • senthil1
    02-19 12:27 PM
    In the case of retrogession it is always better to apply EB2 if job description requires Master degree and if the candidate has approved master degree. Past history shows EB2 is atleast 2 years ahead of EB3 for India even if it is moving slower. But if you think any problem in eligiblity then it is better to apply EB3.



    One question for I-140 for EB-2 versus EB-3.

    If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?

    Please confirm your views, as I have heard different versions.

    Thanks!





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  • pmamp
    04-19 08:03 PM
    It ought to have some impact on members of Congress.

    Atleast somebody talked abut legals and their problems...Here's the link..

    http://www.uschamber.com/issues/lett...sa_program.htm

    =================TEXT========================

    Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs

    April 12, 2007

    TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:

    The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world�s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.

    The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.

    The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a �computer-generated random selection process� to determine which of these needed workers will be excluded.

    Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers�from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country�s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
    Raising the EB cap and exempting specific highly skilled professionals in
    sciences, arts, business, and other critical fields from the final allotted number.
    Allowing foreign students who have earned advanced degrees from American
    universities, as well as from foreign universities, in science, technology,
    engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
    visa cap numbers.
    Designing the H-1B visa cap numbers around a market-based annual adjustment,
    rather than an arbitrary fixed number.
    The creation of an entire new visa category that would allow STEM students,
    studying in the United States on a student visa, to seamlessly transition to a green
    card when offered a job.
    The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.

    On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.

    Sincerely,
    R. Bruce Josten





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  • ssterian01
    07-02 12:18 PM
    Hi All,

    I have I485 pending,
    EB3 NON-India or China ,
    EAD ,
    wife on H4 , not added on 485 (married after filed I485)

    If my wife is on H4 visa and I am forced to change employers on EAD, does anyone know if:
    1. The process is smooth for language training if I am the sponsor and the school is accredited

    2. When my 485 is eventually approved (god knows when !?) can I add her without any problems from F1 to my application, as it wold have been from H4?

    Thanks everyone for any piece of information





    windingroad
    04-07 04:56 PM
    My understanding is that one needs a US degree for stamping in Canada.
    Is that still the case ?





    ajju
    03-15 12:11 PM
    You are not wrong.:)
    BTW what pesticides are good for indoor plants?

    Backlog and NameCheck were the pesticides used so far and we've been pushing for organic products.. no use of pesticides... Seems USCIS/DHS agreed with our understanding of potential harm due to use of pesticides and are moving towards organic feed :-)



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