Friday, June 24, 2011

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  • thomachan72
    09-04 02:09 PM
    Good. Let us collect a list of people who died and pray for them.

    I you could add their PD and Category also, would be nice.

    Funniest thread and indeed your reply was the funniest for today. I cant stop laughing..really.. you answered so seriously but yet hiding so much humor in it.. wonderful.
    Isn't there an online community for people from andhra? why chose IV for these prayer requests? Previously it was praying for SRK who apparently got raped at the POE and now for all dead people??
    Even the thread anouncing the members who got freedom this month is being drowned by these discussions. There is enough to celebrate this month...lot of our brothers / sisters have been greened...let us celebrate their freedom and forget our misseries for some time.




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  • paskal
    12-27 04:43 PM
    follow up call today
    details are the SAME

    10pm cst
    we will try to keep to the point and keep it short
    please attend




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  • BPforGC
    10-16 03:21 PM
    It really depends on the situation. When your pay stub comes from a different state and your employer is in a different state, your H1B is transferred to a different employer than someone who originally filed your I-140... changing employers... using EAD for a different job than what you claimed in your labor... can amount to more scrutiny. Before you get your green card, they want to make sure you still work in the same area or job that you claimed in your I-140. Hence, big shifts in profile should be avoided.

    H1B renewal with same employer, EAD using for identical job with a different employer, AP shouldn't be a problem since some of them are typically considered interim immigration benefits.




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  • EndRetro
    06-20 01:03 PM
    My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.

    I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it?

    What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?

    any ideas??

    You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
    Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
    Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.



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  • cvk90
    12-08 01:40 AM
    Not sure where this is going...Respond with caution folks...posting seems fishy !!




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  • yanj
    12-15 10:13 AM
    1 genius said "kaplan doesnt issue I-20's anymore."
    so Does anybody know anywhere else can issue I-20 ?

    2 Good question : Are you sure than ,while the H1B is being processed ,you can live here legally?


    looking for answer ,too. Thanks a lot !



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  • vsc
    01-31 06:31 PM
    hi beuhler....if i understand your reply correctly, you meant that as long as there is proof that your marraige date(marraige certificate) is prior to gc approval notice...there is 6 months to file for the i485 for the wife even though she may be in india at the time of marraige?




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  • perm2gc
    12-22 06:08 PM
    Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.

    Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.

    H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.

    Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.

    Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.

    Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.

    Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off



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  • capriol
    04-15 03:11 PM
    zCool,
    Thank you so much, now I can make travel plans. Sincerely.




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  • rvanet
    06-05 05:10 AM
    Soul... That's TERRIBLE!!! golgi... yours is very annoying! :ninja:



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  • lazycis
    05-01 11:54 AM
    If old I-140 has not been revoked, you are entitled to the old PD.
    8 CFR 204.5
    (e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.




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  • ingegarcia
    04-02 05:16 PM
    Any applications postmarked before April 15, 2009 will be assessed based on the list currently posted.

    Hi,

    I send my AINP Application package on 18th March (H1-B worker stream) and was received by the AINP on 20th March. However I have not received any confirmation or a file number yet since it takes 2 months. Any idea if my application will be considered according to the current policies or according to the new changes that are coming up on April 15th?

    Please let me know.

    Thanks.



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  • needhelp!
    09-16 01:39 PM
    Same thing you used your Cingular minutes for :)
    This will be your second round of calls.

    Calls to ?




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  • lecter
    March 15th, 2004, 12:24 AM
    Lecter,
    So we can conclude that resolution and focus are a little shakey?
    Gayr

    resolution lower than a cockroaches left testicle and more shakey than a sneezing 99 year old geriatric having a seisure.....



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  • mudigondag
    05-27 12:56 PM
    Does anyone know how many days prior to expiration of EAD, we can file for extension?




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  • yabadaba
    06-25 02:32 PM
    ask the lawyer what he was thinking



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  • shishya
    09-27 12:43 AM
    Folks,
    Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.

    Thanks!
    Shishya




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  • snathan
    04-08 04:16 PM
    Does July 1st include the weekend till 3rd July or it just hardstop @ July 1st?

    Hard stop at June 30th....




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  • txh1b
    08-18 06:46 PM
    Some people did mistakes in the past and tried to correct it. If they are successful in correcting the mistake legally, then you should feel happy about it and wish them success.

    At least don't wish them bad luck....

    C'mon. That would be naive of one to think so. An informed person has the best assets to stake when in trouble. If a person did not even know a violation has occured in the past and the harm it can induce, they will not be prepared to face the trouble or what to concentrate on if called for a GC interview or an RFE.




    Friend
    02-15 10:51 AM
    Best thing is call the customer service and explain step by step.
    also take an infopass appointment and explain.

    What it means Inforpass? Can you explain in detail. Sorry I don't have any Idea on Infopass.




    srarao
    07-19 07:04 PM
    Hi
    Any guys with RFE on this



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