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  • sledge_hammer
    07-22 05:40 PM
    No

    hi guys,

    i bet this question must have been asked before but i couldn't find the relevant thread so i'm asking again. Apologies if its a repeat.

    I am maintaining my h1-b while my aos is pending. Last year my wife went to india while she had valid h4 (not stamped in passport) and ap documents. She did not get her visa stamped and reentered the country using the ap with no issues. He i-94 said parolled till some date, march 2009. I totally forgot about it and never renewed her ap or mine. Does it pose any kind of threat to her legal status in the us and aos?

    I am still working on h1 and she is a parolee.

    Thanks in advance fopr the responses.




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  • abracadabra102
    07-29 05:58 PM
    By now its almost evident that the CR's for retrogression, per country limit. and STEM related degrees are actually are not going anywhere. Understandably it was CHC (Congressional Hispanic Caucus) and republican leadership that blocked the road to legal immigration relief.

    Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.

    So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.

    So do we:
    1. Completely oppose amnesty to illegals immigrants currently living in USA
    2. Support amnesty to illegals immigrants currently living in USA
    3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
    4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
    5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.

    Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.

    I do not think we need to speak for or against illegal immigrants. We should try to gain some mileage out of our legal status and try to convince law makers to place us ahead of illegal immigrants in the GC queue, if and when US chooses to legalize them.




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  • gcseeker2002
    08-14 02:52 PM
    I didnt know that you can send a single check for all applications.. ??
    It would have been better if you had split the checks.
    Dont worry they might accept it now.
    I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.




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  • voldemar
    03-20 11:15 AM
    Not sure how withdrawing an approved I140 is good for the employee??

    The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
    And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.



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  • amsgc
    01-23 06:48 PM
    I can't think of any issue - as long as you have all the papers, seems fairly straight forward and routine to me.

    Sorry for little confusion.
    What I mean was,
    - I filed I-485 for me and my wife
    - then after 180 days I switched to a new company with H1B transfer.
    - So, I am still in H1B status.
    - But my wife (secondary applicant) is using EAD based on I-485 and working.

    Which means we used AC21 for portability of our I-140 and I-485 cases.
    Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
    So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?




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  • Macaca
    01-28 08:19 PM
    Although it does not feature in this article, Bush is using the word 'Guest Worker' more often these days. Any opinions about the emphasis on the word 'Guest' these days in Bush's speeches? Is there a covert message there?

    He is backing off from amnesty. Guest worker is one option without amnesty. Here is numbersusa crap (http://www.numbersusa.com/index) on covert message.

    Current state of guest worker program is at Unions Split on Immigrant Workers (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/26/AR2007012601635.html).



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  • BMS1
    11-08 12:50 PM
    It appears that this 655K includes family based I485 cases too who are in a different queue.




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  • logiclife
    07-12 08:54 PM
    Even DOS, who is partly responsible for this mess, is not willing to share burden with USCIS.

    DOS is pretty much in the clear since they have done everything by the book. ALMOST.

    USCIS has nowhere to go now. Rice has washed her hands off saying that whatever we did, we did a per laws and as per info provided to us by USCIS. If USCIS gave us wrong info, then sorry, its not our fault.

    If DOS is jumping ship on USCIS, they why do you realistically expect FBI to be the honest forthcoming guy and share the burden. This is Washington DC.



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  • meridiani.planum
    11-21 12:07 AM
    You are from ROW....here are some things to consider....

    Is your new employer filing your GC under EB-2? If the answer is yes, then you should definately take the new job and re-file GC and not worry about your EB-3 perm that is pending.

    If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).

    You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.

    Hope this helps. Good luck.

    I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!




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  • mps
    05-13 01:09 AM
    Well I was just thinking about it -

    1) Can we form a labor union?

    I think H1 worker has equal rights as any other native worker

    2) Other idea is to form a Credit union with multiple goals -

    a) Immigration reforms (funded by the Credit Union)
    b) Providing financial services such as - credit cards, mortgage, car and home insurance, other personal loans etc.
    c) Credit union will provide us financial strength at the same time attract others to join as they stand to gain all financial benefits from day 1, after landing in US of A.

    just my thoughts ...



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  • small2006
    07-21 10:27 AM
    See my post here under the subject "FP Notice received..finally!"
    http://immigrationvoice.org/forum/showthread.php?t=20288

    Hope this helps.




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  • jung.lee
    03-03 11:56 AM
    Hello forum gurus
    I am planning on moving from Company A to Company B. I have an approved I-140 from Company A which was approved in Sept 2007 and also applied for 485 on July 2nd 2007. It has been almost 1.5 yrs since I applied for 485 and I-140 approval.

    Planning to move from Company A to Company B. Company A will not revoke my I-140 that is for sure. I am moving to a good company with 1000+ workforce and in an upcoming industry. It is not a consulting firm. It is a product based company. My wife is currently on EAD and is relying on it to work.

    What are the odds that my AC21 may be wrongfully denied. I am having a hard time sleeping while thinking about this. I am on my H1. Can she still use her EAD while we file a petition for Motion to Reopen in the event that the 485 is wrongfully denied or does she have to change to H4 immediatly.

    Can some one share your thoughts.

    thanks in advance

    See the below linked forum post for a relevant discussion:

    http://immigrationvoice.org/forum/showpost.php?p=320990&postcount=4

    Also, see this document I posted on Scribd:

    http://www.scribd.com/doc/12822387/485vsH1b



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  • vivid_bharti
    06-10 04:53 PM
    USCIS tops any other US public office in these 3 qualities
    1. Most greedy
    2. Most arrogant
    3. Most inefficient
    Reason is simple, their customers are mostly non-US citizens. Their prime objective is to earn as much money as they can for the US treasury, if that means 'Screw Immigrants' than let it be, who cares ?
    So any positive things like 10 years EAD/AP are dreams which will never come true...We should certainly put our case for 3 years EAD/AP combined document.




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  • rimzhim
    06-01 01:57 PM
    Plus, H1B is debated and decided upon (pro-H1B's are quite happy as-is), EB has not been debated at all.
    And when they vote, they may delete the H1B from the cap-removal and retain the GC, which will be just fine for us. We should support this amendment. It might go through after some changes.



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  • keerthi
    05-14 01:20 AM
    Thank you very much for all the answers. I will post here when my employer takes a decision on the L1-A/L1-B/H1-B.




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  • bmoni
    01-28 06:28 PM
    First thing, call one of the high powered attorneys discuss with them what options you have.

    I think there is a recent court ruling that will favor you in fighting the USCIS decisions.
    This is the first time we're (I'm) seeing such a denial notice related to the recent memo. So who ever thinks this is just a memo or USCIS reiterating existing rules. Rethink your stand. I'm sure more people will wake up soon.

    Keep up the hope. Don't wait if possible try to apply for another new H1B.

    Thanks for posting the denial notice. I feel your pain. Again don't lose your hope keep up the fight. If you hear any updates please do post them.



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  • dummgelauft
    04-20 10:52 AM
    In the absence of a date, it is 6 moths from admitted date, by default. You may confirm this by calling USCIS.




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  • dpp
    02-21 01:25 PM
    Dec 21, 2006

    For those that can see the Feb updates can you please post what date they are showing for:

    I-129 ( H1-B Speciality Occupation Extension of stay)

    Thanks




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  • Sakthisagar
    10-14 03:59 PM
    here are the links...

    View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=1615-AB82)

    View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1615-AB82)




    mdforgc
    04-07 08:46 PM
    Guys
    I think this is the time we have to work on the house conference committee members to the best. This is where we are gonna have probs. Core guys-- Can we step up some campaign for this- what is QGAs take on this? Dont mak eit public if it is sensitive.




    quizzer
    02-25 11:38 PM
    I would like to ask the same question but a bit more specific.

    For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?

    Thanks

    SAP or Oracle Financials and HRMS

    I would suggest you to go with Oracle Apps since they are strong in these 2 domains.



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