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  • dan19
    09-06 01:20 PM
    It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.

    He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.

    So to be on the most safe side, wait until you get the receipt number.
    But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.



    I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
    Please reply its kind of urgent for me.

    Thanks.





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  • lost_in_gc_land
    01-31 12:59 PM
    I got an email from DOS (TRTClearanceResponses@state.gov) as follows:

    Dear XXX

    We can now conclude your application for a nonimmigrant visa. Please mail the following items to the Non-Immigrant Visa Unit, 360 University Avenue , Toronto , ON M5G 1S4 or appear with them in person at 225 Simcoe St. at your earliest convenience within sixty (60) days of this notice, Monday through Thursday between the hours of 9 AM and 11 AM , excluding U.S. and Canadian holidays. No new appointment is necessary. Please mail or bring:

    o This request.

    o The notice of suspension TRT/NIV-13(A) received at your interview.

    o Your passport (must be valid for at least 6 months from today�s date).

    o All documents that you submitted with your original application (e.g. I-797, I-20, DS-1029, etc.).

    o A self-addressed, prepaid Canada Express Post mailer.

    o USD or Mastercard/Visa credit card to pay any visa reciprocity fee noted at http://travel.state.gov/visa/reciprocity/index.htm.

    o NO electronic items, food or liquids.

    It may take an additional workweek to prepare your visa after you appear here or these items reach us by mail. Please understand that U.S. law makes the applicant, and not the U.S. government, solely responsible for qualifying for a visa in time to suit his/her needs. We can offer no prior assurance of eligibility to any applicant for any reason at any time.

    Should I contact US Consulate in Toronto for confirmation before go to Toronto for my visa interview?

    Thanks!


    Hi I am stuck in 221(g) since mid-November 2007..over 75 days..can you provide some details about your case?
    Mine is H1B 3 extension for 7th year at Mumbai. I am not getting any help in this matter from the authorities that my lawyer has contacted...only the standard response that it they are awaiting a response.

    If you like you can send me a private message. Thank you very much in advance for your feedback.





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  • desi3933
    07-10 09:29 PM
    Any inputs on what to provide to HR or atleast how to explain that visa is not required, is appreciated.
    Thanks.

    Take printout of this page
    USCIS - Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)


    .





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    01-20 06:28 PM
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  • dontcareanymore
    04-02 01:37 PM
    Just so all can understand :

    Did you go for visa stamping while your current visa was valid and you came back to US with old (but valid) stamp while they are processing your request because they wanted more info?





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  • geesee_99
    12-14 12:00 PM
    Any more Ideas/Advise guys?



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  • ns33
    06-10 12:21 PM
    Hi Everyone... sorry for cross posting. My original post was in other thread at http://immigrationvoice.org/forum/showpost.php?p=346646&postcount=37 but it seem to have got lost under radar and the thread title was kind of misnomer for my question.

    Anyway, I have prepared my EAD renewal forms for paper file. i am not sure what documents to attach.

    The official I 765 instruction seem to ask for only copy of previous EDS (Front+ back) and photographs.

    Do i need to add anything other than this?
    Top of the previous EAD mailers maybe?

    Also, if I am sending forms for me and my wife in the same fedex envelop, can I combine the payment in one check or do I need to attach separate check for each application packet? Also, who do I write the checks to? USCIS form instruction mentions DHS, our sticky in this form says USCIS. I am not sure.

    Do I just write A# on back of photographs or something else ? pencil/pen?

    Due to lawfirm change /company merger situation I missed filing these earlier and am left with only 70 days on EAD so need to get this out today if possible.

    Thank you all for helping.
    NS.





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  • number30
    10-26 12:14 PM
    Hi,

    I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?

    Will there be any limit on how long can I work from out side of US, if I can?

    is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?

    Any help is appriciated,

    Thanks,

    Mickey

    Where will they pay your Salary? If they are paying you in India You do not need EAD Usually if you are working out side US you do not need any kind of authorization from US. You need to get the authoization from country where you will be working.

    Your GC process can continue here. For Re-entry purpose keep your AP current or H1 status current with the employer. So that you can back once your green card is approved.



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  • xela
    11-12 06:47 PM
    So for the non german speaking, we are simply biting on granite...oh well I lost my teeth doing that for the last 6 years...so I guess I keep biting ;-)





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  • hibworker
    03-15 01:16 PM
    EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.

    Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.

    What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?

    Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.

    1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.

    2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.

    3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.

    4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.



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  • gc28262
    07-28 01:48 PM
    Judge blocks parts of Arizona immigration law - Yahoo! News (http://news.yahoo.com/s/ap/us_arizona_immigration;_ylt=AgcIIY.ht_GJNzOqM3G8sH 6s0NUE;_ylu=X3oDMTNta2N1b3FnBGFzc2V0A2FwLzIwMTAwNz I4L3VzX2FyaXpvbmFfaW1taWdyYXRpb24EY2NvZGUDbW9zdHBv cHVsYXIEY3BvcwMyBHBvcwM3BHB0A2hvbWVfY29rZQRzZWMDeW 5fdG9wX3N0b3J5BHNsawNqdWRnZWJsb2Nrc3A-)

    PHOENIX – A federal judge dealt a serious rebuke to Arizona's immigration law on Wednesday when she put most of the crackdown on hold just hours before it was to take effect.

    The ruling by U.S. District Judge Susan Bolton sets up a lengthy legal battle as Arizona fights to enact the nation's toughest-in-the-nation law. Republican Gov. Jan Brewer said the state likely appeal the ruling and seek to get the judge's order overturned.

    But for now, opponents of the law have prevailed: The provisions that angered opponents will not take effect, including sections that required officers to check a person's immigration status while enforcing other laws.
    The judge also delayed parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places — a move aimed at day laborers. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants.

    "Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked," Bolton, a Clinton appointee, said in her decision.

    She said the controversial sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them procedural and slight revisions to existing Arizona immigration statute, will go into effect at 12:01 a.m. Thursday.
    The law was signed by Brewer in April and immediately revived the national debate on immigration, making it a hot-button issue in the midterm elections. The law has inspired similar law elsewhere, prompted a boycott against the state and led an unknown number of illegal immigrants to leave the state.

    Lawyers for the state contend the law was a constitutionally sound attempt by Arizona to assist federal immigration agents and lessen border woes such as the heavy costs for educating, jailing and providing health care for illegal immigrants. Arizona is the busiest gateway into the country for illegal immigrants, and the border is awash in drugs and smugglers that the state badly wants to stop.

    "It's a temporary bump in the road, we will move forward, and I'm sure that after consultation with our counsel we will appeal," Brewer told the Associated Press. "The bottom line is we've known all along that it is The responsibility of the feds and they haven't done their job so we were going to help them do that."
    The ruling came just as police were making last-minute preparations to begin enforcement of the law and protesters were planning large demonstrations against the measure. At least one group planned to block access to federal offices, daring officers to ask them about their immigration status.

    In a sign of the international interest in the law, about 100 protesters in Mexico City who had gathered in front of the U.S. Embassy broke into cheers when speakers told them about the federal judge's ruling. The demonstrators had been monitoring the news on a laptop computer on the stage.

    The crowed clapped and started chanting, "Migrants, hang on, the people are rising up!"
    Gisela and Eduardo Diaz went to the Mexican consulate in Phoenix on Wednesday seeking advice because they were worried about what would happen to their 3-year-old granddaughter if they were pulled over by police and taken to a detention center.
    "I knew the judge would say that part of the law was just not right," said Diaz, a 50-year-old from Mexico City who came to Arizona on a since-expired tourist visa in 1989. "It's the part we were worried about. This is a big relief for us."
    Opponents argued the law would lead to racial profiling, conflict with federal immigration law and distract local police from fighting more serious crimes. The U.S. Justice Department, civil rights groups and a Phoenix police officer had asked the judge for an injunction to prevent the law from being enforced.
    "There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new (law)," Bolton ruled. She added that a requirement of the law that police determine the immigration status of all arrested people will prompt legal immigrants to be "swept up by this requirement."
    Federal authorities who are trying to overturn the law have argued that letting the Arizona law stand would create a patchwork of immigration laws nationwide that would needlessly complicate the foreign relations of the United States. Federal lawyers said the law is disrupting U.S. relations with Mexico and other countries and would burden the agency that responds to immigration-status inquiries.

    Bolton noted that the expected increase in immigration checks from Arizona will divert federal resources away from other priorities and said the federal government has shown that it's likely to succeed on its claim that such mandatory checks under the Arizona law would be trumped by federal law.

    Responding to the ruling, Justice Department spokeswoman Hannah August said that the agency understands the frustration of Arizona residents with the immigration system. She added that a wide range of state and local policies would seriously disrupt federal immigration enforcement.
    Brewer's lawyers said Arizona shouldn't have to suffer from America's broken immigration system when it has 15,000 police officers who can arrest illegal immigrants.

    Brewer is running for another term in November and has seen her political fortunes rise because of the law's popularity among conservatives. It's not yet clear how the ruling will affect her campaign, but her opponent was quick to pounce.
    "Jan Brewer played politics with immigration, and she lost," Arizona Attorney General Terry Goddard, a Democrat. "It is time to look beyond election year grandstanding and begin to repair the damage to Arizona's image and economy."
    Republican Rep. John Kavanagh, one of the law's top supporters, said he was disappointed by the ruling and that he expects it to ultimately end up being decided by the U.S. Supreme Court.
    "I don't think the judge's statements in the hearings justify this ruling," Kavanagh said. "I don't think the law justified her injunction."





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  • sprash
    03-02 04:55 PM
    I was interviewed by American Public Media's "Marketplace (http://marketplace.publicradio.org/)" regarding my experience with this issue. She introduced this research by Wadhwa asked me I was considering going back, but I am not considering that option. I did highlight the woes of legal immigrants, but while she empathized with our situation, she was more interested in stories of people who are planning to go back.

    I think she said this story will be appearing on NPR Monday (today or next, I'm not sure). I don't think my story will be featured though (because of aforementioned reasons).



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  • aroranuj
    09-09 11:20 AM
    Hello Everyone,

    It is time that we need to unite as one�no EB1 or EB2 or EB3. This is our last real chance in a long time to come to address our BIGGEST issue. The Full House Judiciary Committee will do a Mark-Up of EB Visa Recapture Bill and Nursing Relief Bill on 09/10/2008 10:15 a.m. We need to call ALL these members listed below and ask them to support. Please write in your responses with how many reps you have been able to call. We need to keep this thread on top. The information provided below has been taken from the Administrators post about the HR5882.
    --------------------------------------------------------------------------
    BACKGROUND & TALKING POINTS
    --------------------------------------------------------------------------

    HR5882 was sponsored by Congresswoman Lofgren and Congressman Sensenbrenner. This bill recaptures all the unused visa numbers that have been lost since 1992 due to processing delays in Employment based category and Family category. This bill has PASSED the Sub Committee and is in its next phase. After it passes here it will to the full house
    Please use the instructions provided below to make the phone calls.

    (1) Call the congressman/woman office and request to speak with the aide who handles Legislative and Immigration matters

    2) If they are not available leave a VM for them -

    "I would like Representative "Representative Name" to support HR 5882, bill to recapture the green cards lost due to processing and bureaucratic delays. As you may already know that this is a bi-partisan bill with wide bipartisan support in the house and will help improve American competitiveness & reduce the back logs associated with USCIS. This bill is non controversial measures that will help US to stay competitive with a highly educated and skilled work force and address family based backlogs also.

    To All congress-critters:
    In a nutshell, this bill allows USCIS to manage their workflow more effectively, which provides better customer service, and will eventually lead to better turn-around times.

    To Democrats: More people will be able to get their citizenship in reasonable times.

    To Republicans: Companies will be able to attract more talent which improves economic performance."

    (3) As usual Do NOT get into the CIR issue or illegal Immigration. If the aide is confusing with CIR or illegal immigration, just tell them that these are legal immigration bills.

    (4) If the aide asks whether you belong to the district or not, tell them NO if you don't. Mention to them that you already spoke with your representative and would like the congressman/congresswoman
    support.

    The list of key representatives along with their contact information is provided in this post.

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

    If asked please say that you are a member of Immigration Voice.

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

    If the staffer ask - "did you call the representative in your area", say that -

    "Yes I did. Congressman/Congresswoman is a prominent member of House Judiciary committee which makes him a national figure of great importance. Congressman's decision and support is very important for people inside and outside of your district and as such I urge you and the Congressman to support HR5882."

    Democrats

    Zoe Lofgren, California (202) 225-3072
    Sheila Jackson-Lee, Texas (202) 225-3816
    Maxine Waters, California (202) 225-2201
    Bill Delahunt, Massachusetts (202)-225-3111
    Robert Wexler, Florida (202) 225-3001
    Linda T. S�nchez, California (202) 225-6676
    Steve Cohen, Tennessee (202) 225-3265
    Hank Johnson, Georgia (202) 225-1605
    Betty Sutton, Ohio (202) 225-3401
    Luis Gutierrez, Illinois (202) 225-8203
    Brad Sherman, California (202) 225-5911
    Anthony D. Weiner, New York (202) 225-6616
    Adam B. Schiff, California (202) 225-4176
    Artur Davis, Alabama (202) 225-2665
    Debbie Wasserman Schultz, FL (202) 225-7931
    Keith Ellison, Minnesota (202) 225-4755
    Tammy Baldwin, Wisconsin (202) 225-2906

    Republicans

    Lamar S. Smith, Texas (202) 225-4236
    Jim Sensenbrenner, Wisconsin (202) 225-5101
    Howard Coble, North Carolina (202) 225-3065
    Elton Gallegly, California (202) 225-5811
    Bob Goodlatte, Virginia (202) 225-5431
    Steve Chabot, Ohio (202) 225-2216
    Dan Lungren, California (202) 225-5716
    Chris Cannon, Utah (202) 225-7751
    Ric Keller, Florida (202) 225-2176
    Darrell Issa, California (202) 225-3906
    Mike Pence, Indiana (202) 225-3021
    Randy Forbes, Virginia (202) 225-6365
    Steve King, Iowa DO NOT CONTACT
    Tom Feeney, Florida (202) 225-2706
    Trent Franks, Arizona (202) 225-4576
    Louie Gohmert, Texas (202) 225-3035
    Jim Jordan, Ohio (202) 225-2676





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  • coopheal
    08-01 09:44 AM
    Tell me what I am doing wrong here:
    1) https://egov.uscis.gov/cris/jsps/login.jsp
    Clicked the link - Forgot Your User ID or Password ?
    2) https://egov.uscis.gov/cris/lostCredentials.do?lostCredentials=true
    Entered my userid and email address and Clicked Submit.
    3) https://egov.uscis.gov/cris/authenticateUser.do
    Here it asked me to enter "Your Question on File is:" and "Your Answer on File is:"
    I do not remember this.



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  • stxvr
    07-09 10:46 AM
    Means if we ask for AC21 then they ask for this kind of details? Also What is the Probability they ask for these details. Now I have 2 more questions:

    1. if you are on H1 extension then you get new LCA at the time of H1 extension. If your current location and job are same as specified in the h1 extension LCA. (If you were working at wrong location at the time of first H1 but during the H1B extension you are working at the location specified in the LCA. Now how much is the possibility that they ask for the details for LCA Of the first H1B. Or tey look into only latest LCA).


    2. One more question: If your LCA shows the city name LA but you are actually not specific in LA city but you are in LA county then is that location considered to be correct OR this is still violation?





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  • stemcell
    02-26 01:21 PM
    Guys, Sorry for my ignorance but
    I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written

    An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.

    I have my I140 approved through a american company and my h1b is getting expired in june 09.

    According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.

    Might be some one can explain what is exactly means.

    Thanks in advance!!!!



    https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==



    Having an approved I-140 does not mean you can 'indefinetely' work and live here automatically.
    It is ONE of the steps to clear on the road to legal immigration.

    Please consult your lawyer and he should direct you as to what to do next.......



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  • permfiling
    09-08 11:42 PM
    Permfiling,

    Your response to this post is harsh/mean.

    Can you give a single reason why not these guys shouldn't port or stick with their EB-2 priority date?

    We should wish EB-3 dates also move and the guys get their GC before porting EB-3 to EB-2, otherwise EB-2 will retrogress (that�s the truth) and those are eligible to port will do it.

    Frostrated,
    It seems you missed the step of porting while filing I-140 (EB-2). Now, ask your attorney about the options.

    My response is not supposed to be mean. I too wish that eb3 progresses. Well if by all means go ahead and do the process if the law permits but won't those cases get more complex?
    The lawyers are hungry to get more $$$ as the case is complex and the processing as well.

    member of North California Chapter
    Donated $500 to IV
    EB2 PD 2005





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  • Leo07
    10-21 04:51 PM
    People are just wary about anti-immigrants lurking.

    Best of Luck!





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  • guitarbam
    01-24 10:40 AM
    just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.

    I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.

    FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?

    Please help and Big thanks





    eastindia
    08-03 09:30 PM
    The summer intern who replied to your email did not read it. Why don't you now go and protest against disrespect to your valued email and meet the Senator. Do you really think sending emails will get yes or no on a bill. Unless you are Bill Gates sending an email, who cares. We do not even have votes.





    bbenhill
    12-02 08:33 PM
    Your stay status will be Parolee but your work status will be H1 so YES, you will be fine even if you used AP for re-entry.

    PS : I am not a lawyer but I entered using AP and have H1 as my working permit.

    Even if I used AP for re-entry to US?



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