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Sunday, June 12, 2011

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  • sanprabhu
    07-13 05:58 PM
    Here is an excerpt from the blogs of one immigration attorneys

    I've been thinking about this so-called "permanent solution" and the speculation here and elsewhere and I don't think it will be the acceptance of adjustment applications without a priority date because that simply is not permitted under the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.

    Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.

    But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this

    http://blogs.ilw.com/gregsiskind/2007/07/what-i-think-th.html

    PS: If this is already discussed the moderators are free to merge it, chuck it

    If the USCIS cannot accept I-485 applications if the visa number is not available then how can the DOS make the July VB current. Obiously they know that the number of visa slots are not enough for all the applicants.





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  • abhay
    01-03 11:13 AM
    Yea, Dont let those european countries charge you for few hours of airport stay, They are taking advantage of people in the name of 9/11. I travelled via Middle east from DC, travel is shorter by 2 hours





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  • GC_SUCK
    10-10 01:53 PM
    I got my GC on 09/18/07. Now my consulting company (how sponsored my GC) is having issues with the client and client is thinking to terminate the contract.

    Client want to bring me to there pay roll. In other words they are offering my permanent position.

    My consulting company does not have immediate opening for me.

    It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.

    Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.





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  • sodh
    07-18 03:21 PM
    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!
    Apply I-485 as soon as you are eligible to apply you never know when they change the rules, getting your wife here is in future, she can always educate herself and come to US on H-1 or any other visa just to accompany you, this is just a suggestion decision is yours.



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  • needhelp!
    09-22 04:07 PM
    I agree.. lets project all the positive (sound) vibes into the lawmaker offices.

    What are you waiting for?

    PICK UP THE PHONE AND CALL NOW!





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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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  • s416504
    08-30 10:58 AM
    ??

    Any one knows , How is my GREEN Light turned to RED ?? Ways to turn back green





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  • yetanotherguyinline
    03-23 04:10 PM
    http://forums.businessweek.com/bw-bschools/

    I remember reading a thread in getting into bschool section. I could not find that thread...


    Here are some related threads
    http://forums.businessweek.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=bw-bschools&tid=80037

    http://forums.businessweek.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=bw-bschools&tid=79931

    http://forums.businessweek.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=bw-bschools&tid=80055

    a related bw article
    http://www.businessweek.com/bschools/content/mar2009/bs20090319_113428.htm?chan=bschools_bschool+index+ page_top+stories



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  • user
    11-06 09:50 PM
    http://www.change.gov/





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  • simple1
    10-05 03:17 PM
    Troll alert. This guy is trying taint eb3 by mixing it up with z visa.

    he is asking "Do you guys know if there is any restrictions on which employer to work for on Z visa" in a forum where there are no undocumented.

    ^^
    they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.

    Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?



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  • vin13
    06-19 06:42 PM
    Guys,
    Speaking about something that is not immigration related is not going to help us here. Please keep this forum for immigration related issues.





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  • when
    01-03 02:06 PM
    I think is someone has Canadian PR they aren't required to have a UK transit visa. I found the this info on the following link: http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagen ame%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage %26cid%3D1006977149962&purpose=Transit&nationality=India&location=United+States




    Do I Need A UK Visa


    You asked if a national of India needs a visa to pass through the UK in transit.

    Yes, you need a Direct Airside Transit (DAT) visa, unless you hold one of the following:

    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country in respect of which the visa is held;
    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country in respect of which the visa is held to another country or territory;
    a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which he last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
    a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
    a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
    a valid common format Category D visa for entry to an EEA State;
    a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
    a diplomatic or service passport issued by the People�s Republic of China; or
    a diplomatic or official passport issued by India; or,
    a diplomatic or official passport issued by Vietnam.

    Transiting to the Republic of Ireland
    Passengers must pass through immigration control in order to take a flight to Ireland. Visa nationals (and passengers qualifying for DATV exemption above) may Transit without Visa providing they fulfil the TWOV conditions and are properly documented for entry into Ireland.

    DATV nationals transiting to Ireland must obtain a visit visa - not a Visitor in Transit visa which is only for transit to a destination outside the Common Travel Area (Rules HC395 paragraph 47 refers).

    All visa nationals wishing to transit the UK but spend longer doing so than the 24 hours permitted under the TWOV concession must obtain a visitor in transit visa for stays up to 48 hours or a visit visa.

    Nationals of certain countries, which includes India - unless exempt as detailed above - must have a DAT visa to transit through the United Kingdom. The visa does not allow entry to the UK: other than to catch a connecting flight; leaving from the same airport on the same day; where you do not need to pass through immigration control to catch the flight. This is called Direct Airside Transit.

    More information about passing through the UK on your way in transit to another country is available on our Guidance - Transit page.

    Any dependants under 16 years old, included on your passport, can be included on the same form, but those older will need to fill in separate forms.

    Please make your application to Chicago, Los Angeles, or New York.

    If you are applying to our visa sections in the USA, you can now make your application and pay online though the visa4UK website.

    Notes:

    A valid U.S. immigrant visa packet (form 155A/155B) is a 'valid visa' for DATV exemption purposes.
    An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
    Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998 does NOT qualify for exemption from the DAT visa requirement.
    Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (e.g. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (e.g. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.



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  • pappu
    05-24 10:18 AM
    all new members, pls bring in more people like us to this forum.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36

    has an email format that you can forward to your friends. Lets increase the presence on this forum.

    we only have about 4k members. However people on H1B visas every year are 65+K and retrogression affected people are more than 300K. Thus we have lot of scope for bringing more members. Remember, more numbers would also mean more weight for IV when talking to lawmakers.





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  • kirupa
    03-28 03:42 AM
    I just had a response back from the MSDN boards that I need to hit test to find out which UI Element is being clicked. I will explore this route and will hopefully find an answer to post here.
    In the event handler for the UI element you click, simply do a cast such as "sender as UIElement". That will give you a reference to the element you are trying to find.

    :thumb:



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  • pbojja
    10-20 02:10 PM
    4th grader at USCIS decides the future of highly educated people! What a "JOKE".

    4 th grader is born in the country where as all the highly educated people are not ..





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  • cool_guy_onnet1
    02-12 08:41 AM
    No FP Yet, July 22nd Filer. I tried CSR # few times and finally got hold of someone who was kind -enough.
    According to her, there are LOT OF PEOPLE in the same boat and she recieves this phone call more than any other queries.
    She said, all she can do is to request Service center for FP status but here is the glitch, Request from CSR to Service Center takes 90 days to process and count another 90 days for the response to be read by CSR and issue a new FP.

    Again, she kept saying that these are just numbers from top of her head and nothing is written on stone.

    Hope this helps-



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  • jsb
    10-31 03:08 PM
    Besides calling USCIS at the number given above, you might want to raise this issue in the Ombudsman's conference call on Friday. Receiping Delays is already an agenda item. Details are as below:

    “USCIS Receipting Delay II – How Does This Affect You?” – November 2, 2007 2:00-3:00 EDT

    Email your concerns/questions in advance, to: cisombudsman.publicaffairs@dhs.gov

    I attended last call, which was very helpful.





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  • caydee
    03-07 11:53 AM
    This is not a big issue. Find out from local hospitals how much they charge for all delivery options and sign a contract with a hospital most convenient to you. They normally would accept monthly payments through the child birth. Also discuss post-birth mother and child health checks and shots. I would first look for an University Hospital in the area.

    Hi,

    My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.

    Any idea how to get insurance for her ?

    Really appreciate your help ..

    Regards.





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  • purgan
    12-08 03:47 PM
    Mike Huckabee is fast emerging as the leading Republican Presidential Candidate, and has a commanding lead in Iowa.

    While all other leading Repub contenders: McCain, Guiliani, Romney and Thompson, have expressed support for strengthening and increasing high skilled immigration, not much was known about Huckabee as he was in State Government previously.


    http://www.mikehuckabee.com/?FuseAction=Newsroom.PressRelease&ID=412
    Modernize the Process of Legal Immigration:
    Increase visas for highly-skilled and highly-educated applicants.
    Improve our immigration process so that those patiently and responsibly seeking to come here legally will not have to wait decades to share in the American dream.

    Mark Krikorian's entry on Huckabee's plan. Naturally he's not happy with Any increase on immigration even if there are cuts in other areas...but who cares....every one of the likely Repub Presidential Candidates support increasing High Skill Immigration.
    http://corner.nationalreview.com/post/?q=YzI5MjhhNmQwZjhjMTNlOTgyNGQxN2NkNjQ3ZmIzNzM=

    The leading Democrats - Clinton, Obama and Edwards- also support increasing High Skill Immigration. I hope the Congressional leaders take note of what their future Chief Executives are saying...and ACTUALLY DO SOMETHING!!!





    nat23
    07-08 03:44 PM
    Congressman foolish enough to say stuff like that could be Tom Tancredo.

    My bad it was Tom Tancredo.





    buehler
    07-18 07:36 AM
    We filed I-140 on july 16th thru labour substitution. Expecting a receipt by july ending.Now I have a very serious concern regarding I-485 filing before Aug 17 2007, pls advice !!

    My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).

    If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.

    Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?

    You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?



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