Saturday, June 18, 2011

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  • sunny1000
    06-11 02:31 PM
    I am in my 8 yr. Have a H1-B approved Untill 2008 Dec

    Have a EB3 Approved Labor and 140 from Company A.

    Now as of today if I move to Company B ...

    Question :

    Can I get a 3 yr Extension based on Company A (140 Approved )
    that is from june 2007 to june 2010

    OR

    Do I get my H1-B untill 2008 Dec ?
    ----

    When I move to Company B is there anything that I have be aware off as
    I am planning to pally Eb2 and move the PD from company A
    My PD : EB3 Jun 2004

    Thanks Thanks Thanks Thanks


    You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.

    This is just my view. There might be better ways but, that is the only one I can think right now.




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  • Gravitation
    12-14 12:57 PM
    Please post the URL of the school you are attending.
    Thanks,

    babson.edu




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  • shsk
    07-01 01:02 PM
    My friend joined new company from Project Manager he got a job on Associate Director. When GC was filed he was developer :-)




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  • Wendyzhu77
    05-21 05:07 PM
    This is a very very special case, and using this case to prove the need for maintaining H1 is very shaky.
    If the one without valid status is an adult, leaving country will be no good because of the 10+ years out-of-status will lead to a huge bar of visa. So the only point is: the person happen to be under 18 and could have used that to avoid the visa bar. But, HOW MANY PEOPLE HAVE A CHILD THAT HAS BEEN OUT OF STATUS FOR 10+ YEARS ???
    What's the good of paying to get an edge that you are never going to use? Of course, I definitely see it is good for the lawyer, since applying for H1 is almost 10 times more costly than applying for EAD!

    �You don�t need to extend your H-1B status, you�ve got an EAD!� If I read such a statement on a message board, I might understand that since the author was not trained as an immigration attorney, this may seem logical to him. However, when someone who is seeking my advice tells me that his former attorney told me this, I cringe. Why should someone with an Employment Authorization Document (EAD) not use it, but instead keep renewing their H-1B status? Consider this real life example: Last week, an Indian professional had a legal consultation with me. He had been in...

    More... (http://blogs.ilw.com/carlshusterman/2009/05/the-importance-of-maintaining-your-h1b-status.html)



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  • dbevis
    March 14th, 2004, 08:32 PM
    Nope. I do have email in it, but found that useless. I"m sort of a bipolar technogeek, I guess. Deep excess in some areas, total disdain in others.




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  • dollar500
    04-10 06:23 PM
    Moonlighting will be acceptable easily as long as it's on the code internist. Problem is some fellowships are so demanding that you wont be able to moonlight as an internist. If you can figure this out smoothly and yr employer agrees nothing is better. Good thought.


    HI I am a physician (hospitalist) whose labor was under the catagory 'Internist' job code. The fellowship I am considering is open only to internist. I am also planning to moonlight as an internist while in fellowship. Would it be acceptable from the I485 point of view? Incidentally my I140 was approved more the 180 days ago.



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  • ash0210
    06-28 04:15 PM
    You already goofed with Independence day of India..Now you are eyeing on Geeta...!!

    Oh man, I am enjoying...!!!

    Didn't you earn all the dollars in this country? Then where is the pain man? Remember Geeta --- Jo liye Yehin pe liye, Jo diya yahin pe diya (Whatever I got I got here, Whatever I gave, I gave here)....so think that and write checks to Lawyer, Doctor, USCIS. I hope Geeta will reduce your pain.




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  • ash0210
    06-28 04:10 PM
    India's independence day Aug-15-1945...

    Thats "New" to ALL of us....

    kumjay, really Mera Bharat Mahan!!!

    USCIS is thinking of setting the priority date to ......India's independence day Aug-15-1945. Mera Bharat Mahaan.



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  • mohitb272
    07-16 07:24 PM
    Hats off to IV :) :)

    Waiting for the good news...




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  • shan74
    01-12 05:57 PM
    bhanurpiya i sent u a pm. please let me know.

    thanks



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  • diptam
    08-03 07:33 PM
    You are OK as long is 140 is approved and 180 days have passed since Filing 485... BUT
    if yor employer get to know your intention and cancel 140 between 180 and 200 days before 140 is approved , you are screwed...

    Thanks,


    I 140 and 485 filed concurrently.
    Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)

    will it create any issue for my GC ?




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  • chanduv23
    02-18 09:25 AM
    http://www.littleindia.com/news/156/ARTICLE/2040/2008-02-04.html

    I was quite disappointed to see so much space devoted Senator Barack Obama in "Power Politics" (January 2008). In particular, I was upset at the "feel good" nonsense spouted, like Bushisms, by one supporter: "I have looked him straight in the eye and I can tell you first hand that the man believes in what he says."

    My daughter, a Democrat activist at Georgetown University also had a first hand experience with Sen. Obama when he gave a speech there last year. After the speech he was approached by my Indian daughter and an Anglo-Saxon friend for a handshake, a few words and a photo op. Sen. Obama was brusque, rude and stated that he was too busy for a picture with them. A few steps later he was stopped by an African American woman, who made the identical request. Without hesitation he spoke to her for a few minutes and posed for a photograph, all within feet of my daughter and her friend.

    I have tried to contact the senator's staff by phone and e-mail to communicate the disappointment of the two young girls, but have had no response.

    My daughter and I will certainly vote for the person his staff tried to insult as the "Senator from Punjab," Sen. Hillary Clinton, and pray that in the final analysis others, young and old, will value the experience and proven loyalty to Indians of the Clintons. I hope I won't be forced to make a choice between Sen. Obama and Sen. John McCain.
    Jan Vyas, Via eMail



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  • Templarian
    11-26 12:24 AM
    :lol: Fixed. but I refuse to use a jpeg




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  • stealthgt
    04-18 09:29 PM
    I'm in Miami



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  • logiclife
    12-01 03:33 PM
    The job description is the key. Titles dont matter. My official title at my company is "programmer level 3".( I am an Oracle programmer)

    That doesnt mean anything to anyone OUTSIDE of my company. Does it mean that I am top-level programmer? or does it mean that I am 3rd level junior programmer?

    But the JOB DESCRIPTION must be accurate.(As much as possible, there is a limit to how much 10 lines can do in describing your job).

    As far as resume is concerned, didnt your lawyer look at your resume before filing labor? I remember my lawyer consulting my HR, my boss and my resume before writing the job description on my labor so that its accurate. Anyways, resume is something that is subject to change all the time and I dont think USCIS expects you to have your resume in line with your job desc on labor. Resume is about your qualifications and abilities - which may or may not be the same thing that your actually perform at your work.




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  • reddy_h
    08-14 04:04 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.

    I am really sorry for you, buddy. This is a stupid mistake by USCIS. Atleast they rejected your wife's application before Aug 17th so now you can refile. But I would advise you to send separate checks now. Even if EAD or AP applications are not properly filed, they will atleast accept I-485 if you send separate checks.



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  • Blog Feeds
    09-27 10:50 AM
    VIA USCIS.gov


    Introduction

    U.S. Citizenship and Immigration Services (USCIS) today announced a final rule adjusting fees for immigration applications and petitions. Thefinal rule (http://www.ofr.gov/OFRUpload/OFRData/2010-23725_PI.pdf)follows a period of public comment on a proposed version of the rule, which USCIS published in theFederal Register (http://edocket.access.gpo.gov/2010/pdf/2010-13991.pdf)on June 11, 2010. After encouraging stakeholders to share their input, USCIS considered all 225 comments received. The final rule will increase overall fees by a weighted average of about 10 percent but will not increase the fee for the naturalization application. The rule will also reduce fees for six individual applications and petitions and will expand the availability of fee waivers to new categories. The final rule will be published in the Federal Register September 24, and the adjusted fees will go into effect on November 23, 2010.

    USCIS is a primarily fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation�s immigration laws, process applications, and provide the infrastructure needed to support those activities. Remaining funds come from appropriations provided annually by Congress. The final fee rule concludes a comprehensive fee review begun in 2009.

    USCIS�s Fee-based Budget

    Fees account for approximately $2.4 billion of USCIS�s $2.8 billion budget request for fiscal year (FY) 2011. More than two-thirds of the budget supports the adjudication of applications and petitions for immigration benefits at USCIS field offices, service centers, customer service call centers and records facilities. The remainder supports USCIS business transformation efforts and the funding of headquarters program offices.

    The adjudication areas supported by fees include the following:


    Family-based petitions - facilitating the process for close relatives to immigrate, gain permanent residency, travel and work;
    Employment-based petitions - facilitating the process for current and prospective employees to immigrate to or stay in the U.S. temporarily;
    Asylum and refugee processing - adjudicating asylum and processing refugees;
    Naturalization - adjudicating eligibility for U.S. citizenship;
    Special status programs - adjudicating eligibility for U.S. immigration status as a form of humanitarian aid to foreign nationals; and
    Document issuance and renewal - verifying eligibility for, producing and issuing immigration documents.
    USCIS�s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low. While USCIS did receive appropriations from Congress and made budget cuts of approximately $160 million, this has not bridged the remaining gap between costs and anticipated revenue. A fee adjustment, as detailed in the final rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.

    Highlights of the 2010 Final Fee Rule

    The final fee rule will increase the average application and petition fees by approximately 10 percent. In recognition of the unique importance of naturalization, the final fee rule contains no increase in the naturalization application fee.

    The final fee rule establishes three new fees for:


    Regional center designation under the Immigrant Investor Pilot Program (EB-5);
    Individuals seeking civil surgeon designation (with an exemption for certain physicians who examine service members, veterans, and their families at U.S. government facilities); and
    Recovery of the USCIS cost of processing immigrant visas granted by the Department of State.
    The final fee rule adjusts fees for the premium processing service. This adjustment will ensure that USCIS can continue to modernize as an efficient and effective organization.

    The final fee rule reduces fees for six individual applications and petitions:


    Petition for Alien Fianc� (Form I-129F);
    Application to Extend/Change Nonimmigrant Status (Form I-539);
    Application to Adjust Status from Temporary to Permanent Resident (Form I-698);
    Application for Family Unity Benefits (Form I-817);
    Application for Replacement Naturalization/Citizenship Document (Form N-565); and
    Application for Travel Document (Form I-131), when filed for Refugee Travel Document.
    The final fee rule eliminates two citizenship-related fees for those service members and veterans of the U.S. armed forces who are eligible to file an Application for Naturalization (Form N-400) with no fee:


    Request for Hearing on a Decision in Naturalization Proceedings (Form N-336); and
    Application for Certificate of Citizenship (Form N-600).
    Lastly, the final fee rule expands the availability of fee waivers to new categories, including:


    Individuals seeking humanitarian parole under an Application for Travel Document (Form I-131);
    Individuals with any benefit request under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and
    Individuals filing a Notice of Appeal or Motion (Form I-290B) following a denial of any application or petition that did not initially require a fee.
    Final Rule: Schedule of Fees

    The following schedule lists the adjusted fees that will take effect on November 23, 2010, alongside the existing fees in effect until that date:



    Form No.

    Application/Petition Description

    Existing Fees (effective through Nov. 22, 2010

    Adjusted Fees (effective beginning Nov. 23, 2010)

    I-90 Application to Replace Permanent Resident Card $290 $365 I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129/129CW Petition for a Nonimmigrant Worker $320 $325 I-129F Petition for Alien Fianc�(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-191 Application for Advance Permission to Return to Unrelinquished Domicile $545 $585 I-192 Application for Advance Permission to Enter as Nonimmigrant $545 $585 I-193 Application for Waiver of Passport and/or Visa $545 $585 I-212 Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal $545 $585 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er), or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 $290 I-600/600A

    I-800/800A Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of Orphan Petition $670 $720 I-601 Application for Waiver of Ground of Excludability $545 $585 I-612 Application for Waiver of the Foreign Residence Requirement $545 $585 I-687 Application for Status as a Temporary Resident under Sections 245A or 210 of the Immigration and Nationality Act $710 $1,130 I-690 Application for Waiver of Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and Nationality Act $545 $755 I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603) $1,370 $1,020 I-751 Petition to Remove the Conditions of Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105�110) $285 $285 I-907 Request for Premium Processing Service $1,000 $1,225 Civil Surgeon Designation $0 $615 I-924 Application for Regional Center under the Immigrant Investor Pilot Program $0 $6,230 N-300 Application to File Declaration of Intention $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/600K Application for Certification of Citizenship/ Application for Citizenship and Issuance of Certificate under Section 322 $460 $600 Immigrant $0 $165 Biometrics Capturing, Processing, and Storing Biometric Information $80 $85






    Last updated:09/23/2010




    More... (http://ashwinsharma.com/2010/09/24/information-on-the-new-uscis-fee-increase.aspx?ref=rss)




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  • Appu
    04-17 04:35 PM
    Not sure if this is for us legal immigrants or against us. It says "hardworking americans". We are not americans yet. It could well mean that join the fight AGAINST H1Bs..

    The illegals aren't Americans either and the email from Kennedy's staff basically talks about how well-received his Apr 10th speech in DC was and how the senator intends to fight to push immigration reform through the congress.

    A lot of people signing up will give the staff the right impetus.




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  • maddipati1
    08-04 11:56 PM
    i was in same situation. couldn't get new AP in time. went for stamping in India.

    my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.

    if u read 131 instructions, it talks about abandoning app.

    basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
    and if u leave US before approval of AP, ur 485 considered abandoned.


    Ref:

    http://www.uscis.gov/files/form/i-131instr.pdf

    Page 4, Section E.




    satishku_2000
    02-21 01:09 PM
    I saw that in morning , trust me its one of those things I do on my laptop everyday in the morning.

    I try to access the page now and it shows the old one ...hehe :mad: ..

    Hopefully they are in the process of correcting/retracting ...




    eb3_nepa
    01-25 04:57 PM
    I would not read anything that Times of India says too seriously. TOI has a history of changing the context or blowing up minor issues. This explains why, even though the recession (post 2000) lasted for a good 3 years, people back in India thought the US economy was booming!



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