Thursday, June 16, 2011

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  • GCwaitforever
    03-22 07:41 PM
    Many Greencard holders have a difficulty marrying spouses from another country (than USA). USCIS imposes harsh rules and Greencard holders can not even bring their spouses on a travel permit for visitation rights. Prisoners fare better as they have visitation rights and their spouses can come and see them.

    V-Visa is introduced to alleviate these problems of Greencard holder spouses. But V-Visa provisions allow only greencard holders from 2000 and before to bring their spouses here and V-Visa does not expire.

    Is IV going to work on extending the V-Visa provisions to beyond 2000?





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  • snathan
    02-25 10:58 AM
    They normally will give time to pack up. Last month one of my friend's colleague got rejected (I also knew her) and they give her 10 days to pack up. She is working for HP and she moved back to India.

    Even if you want to try transfer, you can do but you will have to go out of the country and get stamping and come back. Since you are not in status they wont extend the I-94 rather they will approve the extension.





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  • webslinger
    08-26 11:32 AM
    Hi Vikramy - Do you know of any particular reasons for these transfer denials? Also what could have been the reason in your case? Please explain if you have examples for the company starting with cognXXXXX, I just put my transfer papers in to join them.... :confused:





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  • GreenCard4US
    03-20 04:57 PM
    http://www.hindu.com/thehindu/holnus/000200903210312.htm
    Saturday, March 21, 2009

    Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.

    The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.

    These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.

    "Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.

    All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.

    "USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.

    This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.

    Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.

    USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.

    While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.

    At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.

    USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.

    The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.

    However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.



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  • myimmiv
    12-17 02:24 PM
    Thank you kartikiran and sss777 for your quick replies





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  • validIV
    03-24 12:44 PM
    Fill in your profile. Also it would help if you said how long you've been on H-1



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  • anilsal
    12-14 12:05 PM
    I also think our phone campaign to various lawmakers should continue, considering the fact that Sen.Cornyn's office acknowledging that multiple calls opposing SKIL bill were received the day, we were calling the office.





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  • funny
    10-01 04:27 PM
    Personally I dont think there would be much difference between Eb2 and Eb3 going forward (with Obama\Dick durbin presidency). With Obama CIR we might be forced to reapply in points based system in which case both eb2 and eb3 are screwed. I am not sure what sort of toxic potion is being brewed by Durbin for Eb community. Atleast with Mccain we might have 4 more years of same in which case there might be some hope for both eb2 and eb3.

    I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well



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  • InTheMoment
    08-18 11:58 PM
    So now an actual paper approval is not enough, a missing e-mail is giving you shivers :rolleyes: phew !!


    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

    Raj

    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007





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  • Pagal
    01-28 09:35 AM
    Hello,

    Congratulations! Hope you continue to support IV in the future as well ... through time and/or money... :)



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  • virtual55
    03-27 03:16 PM
    Good Job! Next time we find out something like this, I would recommend sending an email about the information we found and request them to publish officially on their websites like immigration.com,immigration-law.com,http://bibdaily.com/index.cgi etc.





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  • EkAurAaya
    04-16 01:31 PM
    This is precisely why my Lawyer (amongst the top) advised to maintain H1B (so keep filing for extensions).
    If your H1 expires and you are here based on AOS 485 > and for some reason 485 gets rejected you are out of status.

    Good luck!



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  • chi_shark
    12-02 11:51 PM
    thanks! i do have business activities... and i am not worried about audits...


    If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).





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  • pa_arora
    09-21 06:44 PM
    Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.

    Cheers!

    Yes u will be in a better position with SKIL bill, but we dont know when will this be in or may be its not 'in' at all.

    SO keep sailing in the boat with everybody.... ;-|

    -p



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  • catchagarwal
    05-04 05:30 PM
    There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.





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  • vishwak
    10-11 09:07 AM
    Better Luck in December bulletin for EB2 and Hope Eb3 will move forward too.

    All the best to all waiting for GC like me.



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  • gc_bucs
    04-20 06:42 PM
    Per Mattheww Oh's web site, Senate Judiciary Subcommittee Immigration Oversight Hearings were held on 04/19/2007 and 04/20/2007. I haven't read the details yet. The details are at http://www.immigration-law.com/





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  • go_guy123
    01-06 11:00 AM
    CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!

    "That" legislator also knows it is impossible. He/she is doing it for a poltical stunt so that he/she can go say I did try from my side.

    My belief is that this time around they will try a Dream Act - SKIL Bill combo meal to get some votes in Senate/House





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  • kart2007
    05-11 08:54 PM
    Been there, done that!
    In US It takes one day if you have police report, old passport copy. I have done this at the Chicago embassy. They will issue you a new passport with visa stamp (US visa only).





    Jaime
    05-31 01:43 PM
    I work for a big company and I know where a lot of the H1B people congregate for lunch and I posted the IV poster there





    hpandey
    11-11 11:14 AM
    Look at the bright side buddy . It is definitely something to look forward to and provides hope that you might get the magic email of getting your GC any day. Of course three year H1 extension and two year EAD is the problem but you are looking on the wrong side. If you get the GC neither will you need the H1 nor the EAD.

    And I don't think you are thinking about the money wasted by just having a 1 year H1 and EAD because I am sure you will get your GC in the next one year at least . Cheer up. Things could be worse ( you could be EB3 - 2008 ! )



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