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Tuesday, June 14, 2011

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  • logiclife
    03-08 12:27 PM
    I got 3 emails this morning. Need more volunteers to work on this...Please email me on jay@immigrationvoice.org,

    I promise I wont spam your mailbox. Just want to send you a pdf document to get your started on helping with this. we want to broaden our base otherwise the same group of people will have to keep contributing repeatedly while thousands are unaware of immigration voice.

    --logiclife.





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  • vivaforever
    08-10 10:47 PM
    In





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  • wait4ever
    09-22 11:15 AM
    You should not have any impact if you have the GC





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  • vin13
    04-16 10:23 AM
    Hello Attorney,

    My wife received a RFE on her I-485 for missing medical test (TB test).
    The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.

    Can we request an extension of time to reply to RFE based on hardship?
    We just need one more month to comply with RFE.

    Does USCIS normally provide extension for situations like the one above?
    I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.

    Thanks in advance,
    GCisaDawg


    Can you not ask your wife to fly back early? Is there a genuine hardship.

    When we had our fingerprint appointment and my wife was out of town, the attorneys said it is better not to reschedule. So she flew in before the appointment just to get the fingerprints done on time.



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  • canleo98
    01-11 02:29 PM
    As per my understanding, extension will be given if and only if :
    Either Labor is pending for more than 365 days or Labor and I-140 is approved.
    If Labor is pending for more than 365 days, one year extension is approved and if Labor and I-140 is approved, three year extension is approved.
    Am I right in interpreting the rule correctly?


    Hello All,
    I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.

    Please advise.

    Thanks





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  • rajuram
    04-26 10:16 PM
    does anyone know when CIR will be discussed in the house and in the Senate?



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  • nivasch
    09-21 01:02 PM
    http://news.yahoo.com/s/ap/20060921/ap_on_go_co/immigration





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  • waitin_toolong
    09-17 10:52 AM
    I dont understand your first question, what do yo mean be switch to company A using EAD as well as on H1 for B.

    you cannot use both H1 or EAD at the same time.

    If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
    As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work



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  • saurin
    02-10 01:26 PM
    Thanks a lot, Ann.





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  • rangaswamy
    02-12 04:13 PM
    Hi,

    I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?

    Thanks

    Nebrasaka takes anywhere between 3 to 8 months. Texas takes anywhere from 12 days (in my case) to 2 months.
    Texas is much faster.



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  • raysaikat
    07-10 08:50 PM
    Hello,

    I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
    There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.


    I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
    This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.

    Here is the actual language of the law:

    (7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.


    I highly recommend that you read the 8 CFR from uscis.gov.

    What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.



    though i can work until the petition is pending.

    I'd really appreciate any advise...

    Thanks
    Raj





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  • StarSun
    01-31 11:48 AM
    IV Members,

    Immigration Voice conducts a one hour free conference calls with attorneys for the benefit of IV members only. This opportunity is provided on the first 3 Thursdays of each month.

    Ist Thursday of the month - 7 pm est with Raj Iyer from Carl Shusterman Law office
    2nd Thursday of the month - 7 pm est with Ari Sauer and Greg Siskind from Visalaw
    3rd Thursday of the month - 9 pm est with Prashanthi Reddy from Reddyesq

    Members can send their questions to ivcoordinator@gmail.com. Members need to be present in the call for the question to be asked and answered. For call information, please visit the Members Forum (http://immigrationvoice.org/forum/forum14-members-forum/) or refer to the red colored thread titled "Free Attorney Call: Date and Lawyer Name" running on the home page under "Recent Forum Posts"

    Previously recorded conference calls can be found here - IV WIki: Free Attorney Conference Calls - Recorded (http://immigrationvoice.org/wiki/index.php/Lawyer_Conference_calls)



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  • kcindian
    05-29 11:21 AM
    Thanks for your response kaisersose.
    I understand I can switch jobs with my EAD.

    I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?

    KC INdian





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  • PD_Dec2002
    07-13 02:22 PM
    wooah...i got the problem solved.
    The problem we had was, we got the pay from jan to may but the employer gave all the pay just for pay period May instead of individual months.

    NY ways, i consulted a attorney and he suggested few things....

    Interesting that you got it solved in 3 hours and then came back here to delete your post...

    Good luck with whatever it is that you are doing!

    Thanks,
    Jayant



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  • chnaveen
    06-09 06:46 PM
    After the July 2007, there was July 2008, and then July 2009 before July 2010.
    So no need to think about that July 2007 every now and then.
    We should do our best like the one we just had, the Advocacy days in DC.

    We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?

    Let us start the prediction, analysis, etc, game for the July Bulletin.





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  • chanduv23
    07-05 09:44 PM
    MSFT is the start. This will go on and you can start seeing other companies moving out - jobs also moving out to other countries.



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  • syedajmal
    09-22 12:50 PM
    Hi Sydeajmal,

    How long did it take for your EAD to get approved once you have submitted your RFE

    Regards
    Vijay


    I got my AP approved on 09/13 and got the documents on 09/20





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  • kkking
    11-02 06:41 PM
    hi guys, are you guys able to see the status online? I am not.





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  • whereismy_gc
    06-06 12:02 AM
    Good job Pratik. we should grab every opportunity we get to voice our opinion even though this TV interview was mostly on H1B visa cap and increasing the cap. Only 10 seconds or so were given to the lengthy green card process. Increasing H1B quota is not a solution for us. It would infact increase our wait times and backlog of applications. it is in the interest of Hi-tech companies to have the h1b visa quota increased so that they can get more skilled workers. However they know that once they have an H1B worker, they will have that worker for many years due to retrogression. Thus retrogression is not a BIG news story. We need to highlight the greencard quota issue and not confuse it with the H1B quota issue. I feel these are 2 different things. After watching the SJC and Senate proceedings I feel Retrogression and greencard quota issue needs more awareness and education amongst lawmakers so that it is not confused with H1B visa quota.
    I think the whole point of increasing the H1-B quota and at the same time not easing the GC processing leads me to think that US high-tech companies are looking to employ Hi-Tech slaves just as they did when the U.S economy was largely dependent on farming industry, during the 19th century.

    It's in their blood, and no one can get that out.

    Get that point!!!

    I think we need to get out on the streets!!!!





    StuckInTheMuck
    05-04 05:26 PM
    Thanks.





    blacktongue
    01-20 02:56 PM
    How many Information Technology people?

    How many from China?



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