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  • sangarmool
    10-09 01:09 PM
    Anyone?

    Thanks





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  • mgarvey
    08-07 02:17 PM
    Thanks each and everyone in the forum, you guys so great





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  • sparky_jones
    05-20 01:26 PM
    "We are beneficiaries of an EB3 petition"

    Isn't that the biggest issue with several of us! :)





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  • EB3_SEP04
    06-30 10:35 AM
    I have a question regarding where to file my EAD renewal application. I am a July filer NJ resident and my I-485/EAD/AP were sent to Nebraska and got the AP/EAD approved through Nebraska going by my LIN no. As per the (C)(9) rules it says NJ residents should file to Texas service center and somewhere else I read that my EAD renewal application should be sent to the location where my I-485 is getting processed.

    Please share your experiences.

    Thanks

    I sent you a private message with my ph number.



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  • indyanguy
    11-07 08:58 AM
    I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
    not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
    The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.

    Thanks for the detailed reply. In my case, the company's lawyer suggested this option. I have a MS from US, have enough experience and the job profile justifies an EB2 application. Unfortunately, I got stuck with EB3.

    I will keep in mind what you suggested and will do more research before taking any action.





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  • GC_1000Watt
    01-05 03:02 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of 7.27.2.1. See me dilemma?

    This is really interesting. So consider this case gurus. If somebody has a valid H1B extension till say 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired?
    I will appreciate your thoughts on this.



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  • paskal
    08-22 07:10 PM
    All MN dwellers- join us!

    Folks from IA and the Dakotas are also welcome

    For WI- pm alisa
    For IL/MO - pm janilsal
    For MI/IN - pm chintu25





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  • anilsal
    07-18 01:28 AM
    We all should organize and fight for Recapturing the VISA numbers and also for SKIL bill

    Karthik

    Good points. These are burning issues for IV. In the meantime, could you please update your signature with your monetary contributions such that newcomers are motivated? ;)



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  • Bush
    03-10 10:33 PM
    URGENT -
    I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
    My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.

    Please let me know yr opinion.

    As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.

    Now I am not sure.





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  • webm
    08-27 02:42 PM
    What was the cause for H1B rejection??



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  • ilikekilo
    07-18 10:43 AM
    eb3,

    with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.

    I know your intentions are good and ...


    interpret nepa's message as people who did not contribute at all but yet expect a lot or whatever from IV can be categorized as cheap...


    lets help ourselves...





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  • royjonny
    06-19 01:16 PM
    Well the lawyer representing the new company believes that without a copy of 140
    1. that, they cannot do a H1B transfer.
    2. that, I cannot do EAD extension when it expires in October 2008.



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  • smartboy75
    07-17 07:49 PM
    Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it





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  • dummgelauft
    09-10 02:08 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

    ..but do you want to. Have you not filed your I 485 yet? If you have filed I-485 and it has been pending for 180 days or more, get an EAD (I-765). If your priority date is not current and you have not filed your I-485, you can get a new H1B. With an approved I-140, the 6 year limit does not hold. You can keep on getting H1B renewals, in 3 year extensions, 'til such a time as you can get an EAD or your I-485 is approved. So, yes, its doable, but I would strongly recommned going to EAD, if you can.

    DO NOT, UNDER ANY CIRCUMSTANCE, try and renew your TN. It has been wrongly pointed out by one member that I-140 is "not immigrant intent". Well, that is plain "WRONG". It is the I-140 that is the "Immigrant Petition". I-485 is just an application to "adjust your status".



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  • unknown123
    01-02 07:34 PM
    Hello All,
    Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
    No it is not required to maintain valid EAD if you are in AOS.





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  • lotsofspace
    01-24 02:30 PM
    Maybe your lawyer should jump into the well or go back to school ;)

    She is probably already going to school (a paralegal) :)



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  • mjdup
    12-17 07:34 PM
    I attended the event at UMass Lowell. Congressman Marty Meehan and new governor elect Deval Patrick were at the event. The topic of discussion was "global warming". Both governor and congressman took off after the event but I had a chance to talk to their staff.

    One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.

    MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.





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  • royus77
    07-10 12:02 PM
    Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum

    To AILF/AILA,

    I appreciate your effort in filing lawsuit on behalf of July I-485 filers.

    There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.

    Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.

    He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."

    Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.

    Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.

    What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?

    Do you have the number of people who held like that ?Most of the people are struck because of the Name Check which USCIS cannt also do any thing because of security .

    VB fiasco was done due to the mis communication between DOS and USCIS and it effected nearly 700k people ..thats the reason .No body is paying AILA for the 485 lawsuit





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  • newuser
    05-30 12:35 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.





    for_gc
    12-16 11:36 AM
    Hi,

    Does anyone know where we can get hold of the data for EB green cards dispersed for year 2006 by category ?

    Regards.





    tikka
    06-07 04:28 PM
    please Contribute.
    Iv Needs Funds



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