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Blog Feeds

09-15 05:40 PM

Immigration Lawyers Blog Has Just Posted the Following:
Effective July 9, 2010, the Department of State revised its visa reciprocity schedule for China to allow for a 12 month, multiple entry visa for H visa applicants. This will allow H-1B visa holders from China to have multiple entries into the U.S. for a 12 month period. For more information, see reciprocity schedule for China at http://travel.state.gov/visa/fees/fees_4881.html?cid=3537.

http://feeds.feedburner.com/~r/ImmigrationLawyersBlog/~4/b2OP7w5-hlk



More... (http://feedproxy.google.com/~r/ImmigrationLawyersBlog/~3/b2OP7w5-hlk/h1b_visa_holders_from_china_no.html)

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Blog Feeds

02-22 09:40 AM

From the AP: Saks Fifth Avenue and Oscar de la Renta are among the fashion industry players who are joining Mayor Michael Bloomberg's coalition for immigration reform and calling for an easier visa process for international workers. Bloomberg made the announcement Friday, the day after the close of the fall previews at New York Fashion Week. Brooks Brothers, Perry Ellis, Diane von Furstenberg and Malia Mills are also joining the group, which already claims as members chief executives of major corporations including Hewlett-Packard, Disney and News Corp. The Partnership for a New American Economy pushes for a path to legal...

More... (http://blogs.ilw.com/gregsiskind/2011/02/fashion-industry-joins-legal-immigration-reform-coalition.html)

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roseball

01-31 12:46 AM

Hello Seniors,
Can you please let me know what is the process to open an already approved case in USCIS? Is it possible ?

Your help really vital for me.

Thanks a lot

You can file a I-824 application.

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ramaonline

11-26 11:00 PM

h1/h4 status holders are eligible for passive investment - u can start a company but must have a passive role - something like an investor.

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kghoshal

08-17 01:02 AM

I am on H1B 8th year extension, my priority date is September,2004. When I join new employer, Will I lose my current priority date as well as LC?

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madooripraveen

10-19 12:14 AM

I am planning to port my existing priority date from EB3 to EB2. I just wanted to understand the risk I am taking. Could you people do let me know the impact on my exsting PD(EB3 with approved 140) and future 485.
If in case my EB2-140 with PD porting doesnot go through...

I appreciate your thoughtful comments

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validIV

04-30 10:33 AM

I believe some lawyers still do 245(i). The fee is $1k. Talk to an immigration lawyer or google "245 (i)"

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Blog Feeds

01-20 08:10 AM

A fat report and one with some helpful recommendations and statistics. Here are some of the more interesting items I found - - Of the top 150 H-1B employers, 24 were deemed H-1B dependent (a high percentage of workers on the H-1B) and 9 had prior H-1B violations. - Real earnings growth for US workers in occupations with proportionately more H-1B workers - particularly IT - was actually much stronger than the general US worker. - Engineers and IT professionals on H-1Bs were more than twice as likely as their US counterparts to have advanced degrees. - The proportion of...

More... (http://blogs.ilw.com/gregsiskind/2011/01/government-accountability-office-releases-report-on-h-1b-program.html)

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NikNikon

June 23rd, 2005, 04:09 PM

Looks good Joey. :)

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godspeed

06-28 01:33 PM

hmm, not sure why this is not displayed

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balram79

03-26 02:02 PM

I resigned my job last year on Dec 15th 2006 by giving my employer a 2 weeks notice (dec 29th was supposed to be the last working day). A week later, i informed my employer that i won't be leaving them at which time, he suggested that i continue working as normal and that he would take care of un-doing the paper work. They had sent out a letter to INS to revoke my 797 even before my last working day with them. The HR contact has failed to follow-up and inform the INS of this development and am told last week that i have been out of status for 10 days now (March 10 was the day INS revoked my H1b). The company has accepted responsibility for this mess and are filing an accelerated H1b (premium) application this week. I had continued employment this whole time and never had any break in my payments. Are there any chances the INS won't put be back on H1 status with my company ?.
Experts .. please advice.

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kirupa

03-24 03:38 AM

Added :)

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anjans

08-23 01:45 PM

Seems like USCIS is cranking...

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leoindiano

08-01 08:47 AM

bump

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H1B-GC-NY

04-14 05:16 PM

Hello Guys,

I need urgent help please.
I am on 8th year of my H-1B, expiring on July-2008.
I am on EB3 Nebraska, PD 07/2003.
I-140 pending � RFE on Education (3 years degree) replied on December-2007
EAD approved on September-2007.
I485 aplied on july-2-2007

Just got an email from Cris that my I485 was denied. I don�t know the reason.
My I140 is still pending � almost 4 months after my attorney replied the I140 RFE.

Today I am writing this in order to understand my available options and strategy to this situation.
I have less than 2 months on H-1(b).

What are my options?
Anybody in the same situation?

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newuser

11-09 03:52 PM

Thanks for the link

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anilsal

06-14 11:39 PM

I have seen references that if there are different I-140 apps approved per family, there is a possibility of going for the 485 stage separately. Also I have seen posts stating that one can go for AOS and the other for CP.

How do you communicate to USCIS that for one you are doing AOS and the other you are doing CP, with reference to the 485 stage? When does this really happen?

Additional info:
http://www.hooyou.com/consularprocess/cp-as.html

http://www.hammondlawfirm.com/485_memo.htm

I think the following report nails it
http://www.murthy.com/news/n_revdeb.html

The answer is that you chose AOS/CP at the time of 140 filing.

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ramus

05-31 10:01 PM

Can you please close one of your thread.. Seems like we have dulicate thred.

I think they will consider PD of perm labor which was approved and not the one you filed in 2005...

other can give their view..


If you get chance could you please send web-fax and contribute small amount if you can...
Thanks a lot

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Macaca

09-06 05:22 PM

Leaders Look to Protect Freshmen (http://www.rollcall.com/issues/53_22/news/19853-1.html) By Jennifer Yachnin | ROLL CALL STAFF, September 6, 2007 Thursday

In an attempt to dissuade the Republican minority from offering contentious procedural amendments tied to the hot-button issues such as immigration, Democratic leaders are discussing how to give their lawmakers a vote that would inoculate them against such pressure in the future.

The discussion comes as a new House select committee prepares to investigate an Aug. 2 vote that Republican leaders allege the Democratic majority mishandled, resulting in the defeat of a GOP-authored procedural measure that would have amended the fiscal 2008 Agriculture spending bill by prohibiting illegal immigrants from accessing certain federally funded programs.

House Majority Whip James Clyburn (D-S.C.) said he has discussed the issue with House Majority Leader Steny Hoyer (D-Md.), and leadership staff from both offices are working on a proposal.

"I'm particularly concerned that these motions to recommit are tinged with a bit of ... let's just say this whole issue of immigration, it's too serious an issue for us to ... have it used as a wedge issue," Clyburn said, and later added: "We ought not be using this very serious issue in this way."

Neither Clyburn nor Hoyer would provide details for any potential proposal, including whether the measure would be new law or a nonbinding resolution.

"We're talking about a lot of options and I don't want to prejudge what options we're going to choose," Hoyer said.

The Maryland lawmaker added that because the Republican amendment at the heart of the August incident would have restated existing law - a point the GOP refutes - Democrats could opt to ask the executive branch to enforce statutes already on the books.

"We may just reiterate the law," Hoyer said. Democrats also have pre-emptively discussed expanding the new effort to other hot-button legislative areas targeted by the GOP.

One Democratic lawmaker, who asked not to be identified, said the plan has been presented to some Members as a blanket measure that would prohibit the use of taxpayer-funded programs, such as food stamps, by immigrants in the country illegally.

"The idea is to reject them out of hand because they'll be clearly redundant," the Democrat said. "They'll come up with some other ridiculous avenue to use, but hopefully this takes that off the table."

But House Minority Leader John Boehner (R-Ohio) spokesman Brian Kennedy immediately dismissed the Democrats' new plan, saying, "It's certainly a very clear indication of just how effective Republicans have been in using the motion to recommit to affect legislation."

The procedural motion is one of the few options available to the minority party that allows it to offer legislative alternatives when a bill reaches the House floor, and it is used immediately before a final vote on legislation takes place.

During the first half of the 110th Congress, the Republican minority has offered numerous motions - winning on 11 to date - that present difficult political decisions for Democrats, particularly the large number of freshman lawmakers in competitive districts.

The National Republican Congressional Committee also targeted five Democratic freshmen in their districts Wednesday over the controversial August vote, more than six weeks after the incident. In press releases, the NRCC accused Democratic Reps. Jerry McNerney (Calif.), Kirsten Gillibrand (N.Y.), Zack Space (Ohio), Harry Mitchell (Ariz.) and Nick Lampson (Texas) of helping to steal "a vote in the dead of night," citing the lawmakers' decision to change their votes and oppose the Republican procedural measure after initially voting in favor of it.

During the vote, three Florida GOP lawmakers, Reps. Ileana Ros-Lehtinen, Lincoln Diaz-Balart and Mario Diaz-Balart, similarly switched their ballots to support the measure.

House Democrats have thus far opted against issuing a blanket edict to rank-and-file Members to oppose the Republican motions, instead instructing lawmakers in April to object only to "killer" amendments that would shelve legislation.

Despite the failure of nearly 20 Democrats to initially abide by those guidelines in early August - prompting some of the last-minute vote changes that contributed to the apparent disagreement on the House floor - Clyburn indicated that Democrats have no immediate plans to otherwise change their strategy on such motions.

"I don't think anybody on our side confuses the issue - we know these are procedural issues," he added.

But at his weekly press conference, Hoyer said he would speak with those Democrats who voted in favor of the Republican motion.

"It presented a big problem. We are working on it. I am going to continue to work on it," Hoyer said, and later added: "In terms of the Members, the consequences are [that] I'm going to talk to them."

In the meantime, the new House select committee established to investigate the disputed August vote is expected to soon hold its first meeting, following the appointment of its three Republican members Wednesday.

Republican Reps. Mike Pence (Ind.), Steven LaTourette (Ohio) and Kenny Hulshof (Mo.) will work along with Democratic Reps. Bill Delahunt (Mass.), Artur Davis (Ala.) and Stephanie Herseth Sandlin (S.D.). No meeting date was set Wednesday, but the committee is required to file an interim report Sept. 30, with a final report due in mid-September 2008.

"I'm confident we're going to be able to put our heads together and follow the facts, be judicious and take an impartial and thorough look at what happened that night," said Pence, the panel's ranking member.

Davis, noting that members of the committee have worked across the aisle, said: "The House voted for the committee and the committee will diligently do its work."

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extra_mint

04-11 05:57 PM

Came across this nice video
Listen if you have 10-15 minutes of spare time....Vivek Wadhwa gives interesting analysis on why india is taking over US and what can Guru (US) learn from disciple (india)

Link
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http://thetrajectory.com/blogs/?p=406

Above link is for the blog
Video to watch is a little below...scroll down a little to reach the video.

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ameryki

10-15 11:22 PM

Wife need to go to India for emergency. Advance Parole expired. Can she already leave while I apply AP now ? Or does she have to be in country until we get it ? Can i apply now and send it to her once i get it here ?

How much time normally it takes if we apply now ?

she has to be in country until she gets it

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webm

04-17 04:29 PM

Nope,nothing as such going on for EAD new/renewals...

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kalinga_sena

08-20 07:34 PM

If your parents never overstayed beyond their I-94 date then I do not think there is any issue at all. POE off. can ask why you are coming again in 3 months then they can tell that they want to be here in new year time etc.

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korient

09-11 02:15 PM

I'm a July 2nd eb3 filer. Never thougt I could file 485 on July just like many people. I started an eb2 Perm early this year with a new position same company. A month later after filed eb3 based 485, my Eb2 Perm got approved, then filed eb2 140.

The problem is my eb2 LC and pending 140 says that I'm holding a position. What can I do? should I withdraw eb2 140? Can I still take advantage of the pending eb2 140, or better leave it along?

Thank you very much for your help.

Eb3 RIR filed June 2004, approved 01/07.
Eb3 140 Filed Jan 2007, approved 7/30/07
Eb3 based 485 filed 7/2/07, Reciepted 8/27/07, EAD approved 9/7/07

Eb2 Perm filed 04/2007, approved 7/30/07
Eb2 140 filed 8/25/07 Status pending.

Thank you very much.

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immigration.matters10

07-18 07:50 AM

I work for company A. I am on a project actively with an end client from last one year. My company A stopped paying me from past 5 months in spite of them getting paid from the vendor. I have requested my company to release all my payments pending from last 5 months repeatedly. But they don't seem to bother. I am planning to change my employer now.

My question is Am i out of status since I am not getting paid from last 5 months? I have luckily all the copies of pay stubs till a month ago. Only thing is that I haven;t received them yet. Please let me know

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mzdial

February 12th, 2004, 11:41 PM

i just can't buy into the digital lens system.. Lenses are such an investment and I'd hate to go to a system like that, then a few years later have them offer their new "higher end" camera with a full frame.

I'll pass..

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tarunsri

03-06 09:29 AM

Any replies ????

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smuggymba

02-28 12:54 AM

Hi All,

My I-94 expires in Oct, 2010 and my employer hasn't filed my GC. My 6 year stay expires on Feb, 2011 (don't know why I have oct, 2010 on my I-94)

My one extension has been filed. My question is:

Can I file another extension beyond oct, 2010 saying my 6 years on H1-B are not over (NO PERM or GC yet).

Thanks.

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tridiv

07-12 03:32 PM

I just missed 120-90 day window for filing EAD. My EAD expires on oct 12 and today is July 12TH.

Other stats:
Have H1B active with current employer till Feb 2009
Just got my priority date current - EB2 July 2004 for India
I-140 approved, I-485 and I-140 filed last year receipt date Sept 2007

Questions:
How can I get new EAd now?
I can continune working on H1B correct?
Any impact on my 485 application that now will process due to PD being current?

PLEASE HELP. I am confused and worried a bit.

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nkavjs

10-30 03:43 PM

Friends Hi :
I have one question. Once we receive EAD and all 9 yards notices and once you switch from H1 to EAD system with same employer, are you still bound to work with same employer for full 40 hours.. can you cut your hours to 20 hours (nooo second job too). I can just work 20 hours a week . Is that permissible to be on EAD and still get GC processed?
Pls. advise me
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Blog Feeds

01-15 11:20 AM

Center for Immigration Studies head Mark Krikorian blogs today on the subject: Temporary Protected Status (TPS) was invented precisely for cases like Haiti today � when a natural disaster is so devastating that illegal immigrants from that country temporarily can't be deported. And there are already several members of Congress calling on the administration to grant TPS, and rightly so. He does criticize TPS, of course. And he suggests that if TPS is granted, it will encourage waves of boat people. Of course, with 100,000+ likely dead and mass starvation on the near term horizon, people will be taking to...

More... (http://blogs.ilw.com/gregsiskind/2010/01/antiimmigration-leader-admits-tps-for-haitians-is-needed.html)

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boston_gc

04-14 06:39 PM

Does anyone know when house/senate going to take any action on EB retrogression? Or may be my guess is as good as anyone's??

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wandmaker

01-02 02:38 PM

My AP approvals are lost in mail, my employer mailed them in ordinary mail during holiday season (12/11/07). What can I do next? Go thru attorney for duplicates? Please advice.

USCIS will not issue duplicates for AP, you will have to re-apply with a fee.

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Blog Feeds

10-04 11:10 PM

The Congressional Hispanic Caucus has sent a letter to the President asking him to terminate the controversial 287(g) program that allows local police to enforce immigration laws on behalf of the Department of Homeland Security. The CHC expressed its concerns about allegations of serious civil rights violations against Hispanics as well as recent reports of poor oversight in the program. The National Council of La Raza, the country's largest Latino civil rights organization praised the letter.

More... (http://blogs.ilw.com/gregsiskind/2009/10/conressional-hispanics-call-for-president-to-scrap-287g-program.html)

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BEC_fog

12-27 11:05 AM

The primary can keep working on H1. If you don't plan on changing your job, be on H1. If there is any issue with your application, then you are still on H1. If you are on EAD and your application is denied, then your EAD also becomes invalid.

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saimrathi

07-03 10:10 AM

Now that USCIS has dropped bomb by announcing the revised bulletin, do you think now they will be able to bring back the premium processing for I-140? or still they dont have time to "ensure" processing in 15 days.
Guys, what is your take on this.

I agree. They should bring back PP on I-140.

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sdckkbc

01-09 05:59 PM

I am working for a consultancy company at direct client location. My client has filed a H1B transfer petition for me with job title as Lead Business Analyst. My current job title with consulting company is programmer analyst. My question is that if I go for visa stamping with new employer�s I797, will I have any issues in visa stamping if they see the change in job title from programmer analyst (consulting company) to Lead Business Analyst (Full time)?

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adham_a

04-16 09:40 AM

Akira stamp all materials used are copyright of their respective owners

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gc_maine2

06-11 08:59 AM

You can write (c) (09) or (c) (9). Hope this helps.

What should be filled for question 16 in I765 form.
My lawyer asked me to fill C C 9, but the instruction says C 9. Which is correct.

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Blog Feeds

10-04 11:10 PM

What a piece of work from the man who warned us about death panels in the health care bill. His grasp of the facts don't seem to be much better when it comes to USCIS' enforcement of H-1B rules. From this letter, you would think USCIS is sitting around eating bon bons and not engaged in one of the most serious crackdowns in the H-1B program in decades. Most immigration lawyers who saw this memo today are probably scratching their heads because they've recently gotten requests for evidence asking for exactly the kind of documentation Grassley complains USCIS is not...

More... (http://blogs.ilw.com/gregsiskind/2009/10/grassley-letter-mayorkas-takes-uscis-to-task.html)

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anuh1

12-28 04:28 PM

Thank You for the valuable information.

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new_horizon

07-30 12:47 AM

Pls don't post such controversial stuff 'coz it doesn't in any way help our cause, but sure does create some animosity. There are people in this forum who have a different take on things in the political arena.

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iamsachin

11-06 01:54 PM

I applied for my EAD and AP extension on AUG 17 2009 and my EAD was expiring on AUG 29th 2009. While my wifes EAD and AP got approved, I had an RFE as I had not sent the recent photographs so I sent that and the receipt date for that was OCT 9 2009.

I continued working and got paid, after speaking to friends I realized, getting paid on a Expired EAD is not right.

I have taken a infopass to discuss this with USCIS to get an update.

One more point I wanted to make was that my payroll company doesn't know about this and doesn't care. But if I bring it up then .they might immediately terminate my employment.

How do I fix this? Please suggest.

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chanduv23

09-16 10:23 AM

Do you know what is team spirit?

Each and everyone contributes for their own cause and collectively contributes for the cause of the community.

IV has built the great platform for you. IV has created all opportunities for you to stand up and speak for yourself.

Everyone can achieve results by working together as a team.

Please start looking beyond your cocoon - you must come out of your closets and show your soladirity.

Come on folks IV is nothing but you. You can make the difference

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Blog Feeds

12-28 04:50 AM

The 14th Amendment to the U.S. Constitution mandates an inclusive mathematical formula for apportioning "Representatives . . . among the Several states". It requires a decennial census count of "the whole number of persons in each State" excluding untaxed Native Americans. As the New York Times reports, a push is on, using Christmas-themed posters in Spanish, to urge Hispanics (citizens, legal residents and the undocumented, especially Evangelical Christians) to cooperate with census-takers and be counted when the tally begins in March, 2010. The effort is targeted beyond the Hispanic community, with posters offered in English ("This is How Jesus Was...

More... (http://blogs.ilw.com/angelopaparelli/2009/12/an-immigration-christmas-story-extended-through-march-2010.html)

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TomPlate

07-11 02:38 PM

Somebody please start this. So that we can raise the concern to USCIS someway. Dont make it go away I need volunteers to start this thread. I am going to close the thread if no one is willing to give their thought.
one time
two time
three time
machi please participate.

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ndbhatt

07-28 03:10 PM

I-140 PP is suspended till further notice.

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