Sunday, June 12, 2011

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  • neoklaus
    10-22 01:02 PM
    If you filed G 28 then both you and Lawyer will receive the copy of RFE. In case you have not filed G 28 only you will receive the RFE copy. USCIS does not care who answers the RFE as long as it is satisfied with the response.

    Not exactly correct. From my own experience. I filed G28 with lawer, only he has got RFE on my I 485, and even worse thing happened: his assistant send only partial answer on that RFE ( the medical) and "simply" missed that RFE asked about EVL (letter from employer) and never informed me on that. When uscis send RFE 2nd time ( asking to send all requested information together) only then lawyer contacted me and asked about EVL.
    Both times I didn' get RFEs, moreover the lawyers assistant pretended that she couldn't find a Copy of 1st RFE. ( times between 1st and 2nd RFE was 7 days).





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  • jcrajput
    12-31 08:44 AM
    I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

    1. Should I apply for AP for both of us?
    2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
    3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?

    Your help is greatly appericated.

    Thank you.





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  • reddy_h
    02-24 09:07 PM
    Sachin is the best!





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  • milind70
    08-26 11:03 AM
    Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).

    This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.



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  • cdeneo
    01-05 04:44 PM
    I did not make the mistake of sending her abroad, she had gone on her own accord and overstayed until her AP expired and now wants to come back (as I said some of these issues were not in my control).

    Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.

    Sorry to know about your situation....

    Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.

    This is very tricky, there is only one solution.

    You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.

    Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.

    If you had already known about this, why did you make the mistake of sending her abroad....





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  • rb_248
    09-10 09:06 AM
    Category India Most Other Countries

    E1 Current Current
    E2 1 April 2003 Current
    E3 1 July 2001 1 January 2005



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  • bajrangbali
    02-25 08:56 PM
    Consult immigration lawyer and try to keep the time out of status to a minimum. Do not try to take chances, times are tough and everything is being looked through when it comes to immigration. Wish you luck friend!





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  • keaby
    06-18 05:36 PM
    If the non compete agreement between your employer and the vendor is about your employer directly selling your srevices to the client in the future, then you don't have any issue as you are leaving your employer.

    If your client is supporting your switch to another vendor, then there seems to be no agreement between the client and vendor regarding vendor change for the same resource..

    In general, cases like yours, where the client supports your move, vendors tend to play safe and ignore any non compete agreements, to save the relationship with the client



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  • wizkid732
    08-25 09:57 AM
    Anyone?

    Hi,
    I have been in this too long and want to decide if it makes any sense fighting anymore and anticipating the cards. Any advice is greatly appreciated

    I contacted the Senators office and the rep there made a query to USICS> this is the response she got.

    �This case is currently in an extended security review area."

    She then tried to contact this area and the Officer advised that it cannot be released at this time. The Service is aware that there is a visa available, however, since it is still being reviewed for security issues it cannot be released at this time

    Any Advise?

    -Thanks





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  • StarSun
    02-10 09:41 AM
    The call is on Thursday (today). Please send in your questions as soon as possible to IVCoordinator@gmail.com



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  • pradeepd
    01-25 01:27 AM
    Thanks so much for sending me this link. Really appreciate your response. Your posting is giving me some directions to follow now. Thank you once again. I'll update what happens.

    Sudha





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  • freedom_fighter
    03-08 02:38 PM
    another one bites the card.



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  • desih1b
    04-06 10:01 AM
    Sorry to hear about your dad's health.

    As per the Consulate web site, admitting to hospital is not an emergency situation. But you better check with TTS and Chennai consulate through email. If you have any proof from the hospital about your father's health condition, scan it and send it to consulate. they normally respond in 24 hours.

    If you applied for 485 and have AP, please keep it with you in case of need.

    thanks





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  • desighee
    02-25 02:28 PM
    In some states (like NJ), you need a letter from Social Security Administration stating that you are not eligible for SSN.

    Essex,MD has the MVA office.
    http://www.mva.state.md.us/LOCATION/baltimorecounty.htm
    Essex - Full Service
    Middlesex Shopping Center
    1338-A Eastern Boulevard
    Essex, MD 21221



    They don't need any letter from SSN administration.However they do check your visa status etc.So should be able to prove your legal status(passport.797 form etc),
    i would suggest call them up or go to their office with all the documents.They will tell u if there is anything they need and if it is missing.
    they are extremely courtious people and will tell u rightaway if there are problems with ur docs.
    Offcourse my information may be outdate so call them up first to make sure info is correct.



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  • immm
    08-10 02:04 PM
    http://www.forbes.com/feeds/ap/2007/08/10/ap4009032.html

    Associated Press
    U.S. Seeks to Curb Illegal ImmigrationBy SUZANNE GAMBOA 08.10.07, 1:34 PM ET

    WASHINGTON - A crackdown on illegal immigration will have to go forward without help from Congress, the Bush administration said Friday, asserting that an executive-branch-only approach is better than doing nothing.

    Two Cabinet secretaries - Homeland Security's Michael Chertoff and Commerce's Carlos Gutierrez - said they had hoped to have new tools to combat illegal immigration before moving further to cope with the problem. But Congress could not agree on comprehensive legislation.

    The officials said they'll rely instead on tools already in their arsenal, some of which are already under way, including a plan to administratively sanction employers who hire illegal immigrants.

    At a joint news conference, Chertoff and Gutierrez put the onus on Congress for any consequences that may be suffered by employers as a result of the stepped-up enforcement effort.

    "Our hope is that key elements of the Senate bill will see the light of day someday, but until Congress chooses to act we are going to be taking some energetic steps of our own," Chertoff said. The steps will "significantly strengthen our hand with respect to immigration enforcement."

    The White House emphasized that its package of enforcement changes was all it could do under existing law - the same law that President Bush has repeatedly called unacceptable.

    "Although the Congress has not addressed our broken immigration system by passing comprehensive reform legislation, my administration will continue to take every possible step to build upon the progress already made," Bush said as the changes were announced.

    Presidential spokeswoman Dana Perino said Bush has used his executive authority in the past to improve immigration enforcement, such as by strengthening border enforcement. She was pressed on why - if the new changes were such a good idea - Bush hadn't made them already.

    Perino, talking to reporters at the Kennebunkport, Maine, seaside home of Bush's father, George H.W. Bush, said the president held off on sweeping administrative action while pushing Congress to pass better legislation to address the matter. With that effort now sidelined, she said "We're going as far as we possibly can without Congress acting."

    The administration rolled out a proposed rule that will require employers to fire employees unable to clear up problems with their Social Security numbers 90 days after they've been notified of such discrepancies in so-called "no match letters." Employers who fail to comply will face possible criminal fines and sanctions.

    "This regulation lays out a clear pattern for doing the right thing which will afford protection for employers," Chertoff said. The new rule will be effective in 30 days.

    Recognizing that the crackdown could hurt some industries - particularly agriculture, where more than half of workers are believed to be undocumented - Gutierrez said the Labor Department will try to make existing temporary seasonal agriculture worker and non-agriculture worker programs easier to use and more efficient.

    In addition, Chertoff said he will try to use the department's regulatory authority to raise fines on employers by about 25 percent. Current fines are so modest that some companies consider them a cost of doing business, the agency said in a summary of the new enforcement effort.

    The administration also wants to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.

    The Homeland Security Department will ask states to voluntarily share their driver's license photos and records with the agency for use in an employment verification system. The sharing is meant to help employers detect fraudulent licenses.

    Some of the initiatives are similar to proposals contained in the recent immigration measure which failed to pass in the Senate, though they are not nearly as sweeping.
    ....
    ....
    ....
    He said the billions of dollars that Congress added for immigration enforcement and the administration's "enhanced commitment" on immigration enforcement will secure borders.

    But Sen. Chuck Grassley, ranking Republican on the Senate Finance Committee, said the administration "can talk until they're blue in the face" but "I won't be happy until I see action that's more than just a press conference and words on a piece of paper."

    The Senate legislation was opposed by many conservatives who complained that people don't trust their government to start new immigration programs since existing immigration laws are not enforced.
    ....
    ....
    ....
    Some lawmakers have kept up efforts to tighten the border. Last month, the Senate added $3 billion to a homeland security bill and devoted the money to U.S.-Mexico border security.





    Copyright 2007 Associated Press. All rights reserved. This material may not be published broadcast, rewritten, or redistributed





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  • senram
    01-20 05:06 PM
    I am speculating this. Elite people in USA predicted this situation in early 90s and they put Country quota. We all knew that countries like UK, Germany, France are Staunch Allies of USA for many decades. So USA did not want those country persons to wait years . India was least favored country in past due to many political reasons. Though it is changing now still USA may like to give preference to many of their close Allies. Canada had TN Visa but India does not have similar thing. If this is a speculation then it is possible to change Country Quota. I strongly believe that it is easier to increase GC quota or recapture bill than removing country quota.

    At this rate...after couple of years the GC backlog will only be restricted to EB-India



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  • Dhundhun
    06-12 06:59 PM
    ... pre adjudicated and other than NC everything looks good.

    I think, pre-adjudicated means every thing ready and waiting for Visa Number, so you need not worry - Whether EAD/AP renewal bothering you?

    Within four months of processing time passing the RD, case is pre-adjudicated - I mean, when they were trying to give you GC, DOS did not reply with your Green Card Number (exhausted). I think USCIS is not delaying your case. If I were you, I would wait.

    However many of us recommended to followup aggressively at various levels. It is up to you.





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  • abe1
    06-23 12:28 AM
    ndbhatt,
    If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..





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  • Bush
    07-22 11:09 AM
    By Mistake.I said yes.





    ragz4u
    03-08 09:48 PM
    There is no posted transcript yet on the Website - how did it go?

    As expected, Lou Dobbs was absolutely anti-immigration, while Specter was his usual no-nonsense self. Nothing interesting at all

    This is available at http://transcripts.cnn.com/TRANSCRIPTS/0603/08/ldt.01.html


    DOBBS: It has already declared a state of emergency because of the crisis at the border between Arizona and Mexico as has another Democrat, Governor Bill Richardson of New Mexico.

    By our estimates, there are as many as 20 million illegal aliens now in this country. Three million illegal aliens cross the border every year. The U.S. Senate is now considering three different bills on border security and illegal immigration.

    All share a common theme, creating so-called guest worker programs. Senator Arlen Specter is the author of one of the bills. He joins us tonight from Capitol Hill. Senator Specter of course the Chairman of the Senate Judiciary committee. Senator, good to have you here.

    SEN. ARLEN SPECTER, (R-PA) JUDICIARY CMTE. CHAIRMAN: Thank you for the invitation, Lou.

    DOBBS: Senator, you're in markup. How did it go today? Are you near completion?

    SPECTER: Well, we are really just getting started. We have scheduled four markups. The leader would like to bring the bill to the floor by March 27th. We're going to try to do that but we're not going to rush it. We're going to take the time we need to go through the issues thoroughly and come to a balanced judgment.

    DOBBS: Senator Hillary Clinton today spoke out on U.S. immigration policy. She said Congressman Sensenbrenner's immigration bill, which passed the House as you know, and is now in the House Judiciary Committee, would be, quote, an unworkable scheme to try to deport 11 million people, which you have to have a police state to try to do. How do you react to her comments?

    SPECTER: Well, I think we need border security. And the House passed bill goes a long way in that direction and I think that's an important aspect that has to be balanced.

    I think when you have 11 million or more undocumented aliens, you have to find a way to bring them out of shadows. At the same time, you do not want to reward people who have broken the laws. So we do not want amnesty program. And my job as chairman is to hear all points of view, to analyze them thoroughly, to discuss them and to see if we can't find a way to bring people out of the shadows, not necessarily put them in line for citizenship, but to try to eliminate having them in a fugitive status.

    And if they want to become citizens, to go through the processes which comport with the law.

    DOBBS: Senator, when you say in the shadows, this is the language of lot of, frankly, a lot of pro-illegal immigration and open border's advocates, as I think you know.

    They're seldom if the shadows as we look at Home Depots, where we see day laborer, aggregating. They make up about 20 percent, by most estimates, of the labor working in construction. They make up just about half, if not more, of all farm labor as you know in this country. We do not know precisely how many people here. Estimates as I reported earlier ranges high as 20 million. You have used a number of 11 million.

    How is it that the United States government does not know nor do we have a way, as far as I know in the United States government, the federal government, to come up with a count of how many people we're talking about? And isn't that important as we apply your efforts at coming to compromise and conciliation? SPECTER: Well, it would be very, very helpful, Lou, if we knew precisely how many undocumented aliens, illegal aliens, were in the country if we knew where they were. When you talk about the shadows, if you have a program which says we're going to ferret them out, we're going to arrest them, we're going to deport them all.

    Maybe the shadow's is a bad expression. Maybe a better expression would be that would turn them into fugitives. What we want to do is to try to find some way to get our hand on the problem.

    We know that they take a lot of jobs where others don't want to take them. At the same time, we are aware of the fact that they depress salaries downward if they weren't available. They would be more compensation. We're juggling a lot of balls at the same time and nobody has tackled this problem for a long time and it's been thrust upon the Judiciary Committee and we're going to try to deal with it.

    DOBBS: Well, Senator, we all wish you luck on that and the idea that the president likes to use the expression, willing workers and willing employers. In this case they're illegal employers and they're illegal aliens that are being exploited and it's not certainly the kind of thing I would -- certainly knowing your background, know that you would like to see continue. And I'll just throw in one pitch to you, Senator, if I may.

    SPECTER: Sure.

    DOBBS: Why don't you punish, punish, punish, illegal employers because they're exploiting people a way that is so un-American and is, frankly, doesn't reflect well on us and for people to defend it is, to me, unspeakable.

    SPECTER: As you may know before I became a senator, I was a district attorney, a prosecutor. A big part of my job at that time was to punish them and I think when people violate the law, we ought to bring them into compliance, and a punishment is a part of it. I know how to do that.

    DOBBS: Indeed you do. And Mr. Chairman, it's good to have you with us. Senator Arlen Specter.





    sam_hoosier
    11-27 10:03 AM
    My lawyer has told me that the 180 days is from the receipt date i.e. August 3rd in your case.



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