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  • vicks_don
    07-31 03:21 PM
    As far as i know. Once you work on EAD your visa status is lost and u need to get Advance Parole for re entry. But how would this be notified to INS is something i am not sure. But its safer to get AP if EAD has been used for work.
    I heard some cases where if for some reason EAD cannot be renewed you can come back to h4 status.




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  • calgirl
    08-07 09:14 PM
    Infopass should be able to get you NC info. It just depends on the IO officer there.
    I had Infopass appointment at San Jose yesterday and the IO officer was very sweet. She told me my NC status.

    Nebraska is not actively processing India EB2 cases.
    Texas - we have no idea what they are processing on .RD/ND//PD.. God knows.. Its random most probably.

    Ideally, if NC has been pending for more than 6 months they should not from approving 485. Again this is luck. !!

    Hope this helps..

    I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.

    The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.

    I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?

    Any idea?

    cheers

    Sidharth




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  • alkg
    09-24 03:43 PM
    don't worry be happy




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  • gg_ny
    08-21 09:20 AM
    Is there a chance to attach SKIL provisions towards higher degree GC retrogressed applicants to this appropriation efforts?

    http://www.sciencemag.org/cgi/content/full/313/5789/898

    Congress Quietly Tries to Craft Bill To Maintain U.S. Lead in Science
    Jeffrey Mervis

    In the dog days of August, while most members of Congress are back home campaigning for reelection or on holiday, a small group of staffers is at work in Washington, D.C., on legislation that could influence science spending for years to come. Their goal is to craft a broad bill aimed at bolstering U.S. competitiveness that Congress could pass before the November elections.

    They face long odds. The White House has already expressed reservations about some aspects of the legislation, and the congressional calendar is short and already very crowded. Although Senate leaders say they are committed to the goal, House leaders appear less enthusiastic. But a powerful coalition of forces, including business leaders who can bend a member's ear, is keen for Congress to act. "Legislation would show the public that our nation's leaders have a long-range plan of action on U.S. competitiveness," says Susan Traiman of the Business Roundtable, a consortium of 160 CEOs from across U.S. industry.

    The legislation draws upon several efforts over the past year examining the status of U.S. science and technology, including the National Academies' Rising Above the Gathering Storm report and the National Summit on Competitiveness (Science, 21 October 2005, p. 423; 16 December 2005, p. 1752). In February, the Bush Administration proposed starting a 10-year doubling of basic research at the National Science Foundation (NSF), the Department of Energy's (DOE) Office of Science, and the National Institute of Standards and Technology's (NIST) core labs (Science, 17 February, p. 929) as part of its 2007 budget request. And the initial funding for what the Administration has dubbed the American Competitiveness Initiative (ACI) is working its way through the legislative process.

    Science advocates can't say enough about the importance of ACI. But they believe even more is needed to improve math and science education and enhance U.S. innovation. Taking their cue from Gathering Storm and other reports, legislators from both parties introduced a fistful of bills earlier this year that would expand existing research and education activities at several agencies and set up new programs (see table).

    Unlike annual appropriations bills, which determine how much each federal agency can spend in a given year, these authorization bills set desired funding levels over several years. Although they don't provide the cash, they can build political support for ongoing spending increases. Notes one university lobbyist: "You want Congress on record and the key committees behind an authorization bill, so that they can bail out appropriators when they hit rough seas."

    The goal of the quiet negotiations taking place this summer is a single bill. But the calls for increased spending are a sticking point for a Republican Party whose president, George W. Bush, has repeatedly pledged to reduce the federal deficit and whose congressional leaders hope to campaign this fall on their success in shrinking government. Several of the bills also expand NSF's role in science and math education, a position that clashes with the Administration's plans for the Department of Education to lead efforts to improve math and science education and manage all the ACI's education components.

    Presidential science adviser Jack Marburger emphasized those points in hard-line letters this spring to the chairs of the committees as they prepared to vote out one of the Senate bills (S. 2802) and two House bills (HR 5356/5358). The Senate measure, Marburger warned Senator Ted Stevens (R-AK) on 17 May, "would undermine and delay" ongoing research at the three agencies, "duplicate or complicate existing education and technology programs," and "compete with private investment" in both areas. The House bills, he told Representative Sherry Boehlert (R-NY) on 5 June, "would diminish the impact" of the requested increases for the three ACI agencies.

    Boehlert says he was "quite disappointed" by Marburger's letter, noting the president's declaration in his January State of the Union address that the country "must continue to lead the world in human talent and creativity." Boehlert added, "I thought that we had been working with OSTP on these issues," referring to the White House Office of Science and Technology Policy that Marburger heads.

    Three weeks after the House committee passed both bills, �berstaffer Karl Rove, new domestic policy chief Karl Zinsmeister, and a score of high-tech industry and academic lobbyists met at the White House to discuss the pending legislation. Although nothing was resolved--some participants say Rove and Marburger scolded them for supporting the bills, whereas others say there was confusion over the various components--the White House told the lobbyists that its Office of Legislative Affairs, led by Candida Wolff, would be taking the lead in trying to craft an acceptable bill, pushing OSTP to the sidelines. In the Senate, lobbyists are heartened by the willingness of Senate Majority Leader Bill Frist (R-TN) to negotiate with the three chairs whose panels must sign off on the legislation--Stevens, Senator Pete Domenici (R-NM), who leads the Energy and National Resources Committee, and Senator Mike Enzi (R-WY), who heads the Health, Education, Labor, and Pensions Committee. Another important player, Senator Lamar Alexander (R-TN), acknowledged when he introduced a trio of bills in January that some of his colleagues "may wince at the price tag" of the legislation. But he cautioned that "maintaining America's brainpower advantage will not come on the cheap."

    Although none of the staffers involved would speak on the record, several confirmed that talks are taking place "on a regular basis." They say Frist is determined to cobble together a single bill--with lower authorization levels and fewer new programs than in any of the pending versions--that the Senate could adopt during a 4-week window in September. Prospects in the House are less certain, although Boehlert says, "Hope springs eternal that we'll get an opportunity to go to the floor in September."

    Optimists, who hope that all sides will view a competitiveness bill as an asset heading into the November elections, dream of an Administration that accepts a competitiveness bill in return for getting its ACI education programs authorized. Pessimists worry that the House leadership will scuttle the effort by portraying the bills as a vehicle for "wasteful spending" and "a bloated bureaucracy." And although nobody's betting that Congress will act this year, nobody has thrown in the towel.



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  • abhijitp
    01-19 03:47 PM
    NORCAL,
    We have a game plan to give the letters campaign a major boost... now all you guys have to do is show up tomorrow!
    THANKS!




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  • perm2gc
    07-08 10:00 PM
    Wonderful support. Thank you. So far we have over 850 viewings and have been rated 76 times and 23 comments. That has managed to push us to #6 in the News and Politics stories of the day. This morning we overtook a Ron Paul story. If you have not had a chance to check the video out, please rate it by clicking on the stars or leave a comment as that will push our position even further.

    Thank you once again. My son is beginning to get quite optimistic that CNN might just pick this one :-)
    This video has either been removed or has a malformed URL



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  • raysaikat
    10-10 05:58 PM
    Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!

    There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.

    At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.

    You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.




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  • walking_dude
    10-25 01:57 PM
    Guys, I couldn't reply to you all earlier , here, as I was busy with my job and personal chores.

    Let's settle for Yahoo now, as it has powerful features such as Polls and Database that aren't available in Google. Also the Google group created by me has gone into 'La-La land' ( google bugs!)

    Here's our new Secure and Trusted Yahoo group

    http://groups.yahoo.com/group/ivmi

    Here's the latest

    1) We are getting our group registered as Official on IV (details sent to IV)

    2) News from IV on Legislative updates issues will be posted on the group this weekend (10/20 attendees, be sure to join by then)

    3) Some 10/20 Attendees to the meet have been added directly to the group. Others have been sent invites ( Yahoo restricts direct add to 10 per day). Please join ASAP. Let me know if there are any issues [ PM/'Private Message' or E-mail me]. I'll help you get joined.

    4) Others, please provide the following details while requesting to join the group.

    A) FULL NAME
    B) IV handle (N/A for non-members)
    C) Telephone [ we'll call you. No request to join will be accepted without Telephone number]
    D) City and Zip Code + 4


    We will call you to verify and then your request will be accepted. We regret the inability to accomodate anonymous requesters, as we wish to keep our group Secure and Trusted for the purpose of dissemination of sensitive IV information. Your co-operation to make this happen is greatly appreciated.



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  • gc_kaavaali
    12-10 11:52 AM
    In my view changing employer when you have pending 140 is risky...

    any suggestions if 140 is not approved?

    Filed in August 2007......doesn't look like there is much movement based on tracker!!!!

    EAD in hand




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  • gcisadawg
    04-07 02:18 PM
    Folks,

    My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!

    We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.

    The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.

    Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?

    Rgds,
    gcisadawg



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  • harivenkat
    05-11 03:21 PM
    Sent a mail to Senator Leahy at : senator_leahy@leahy.senate.gov
    Please send him emails.



    Dear Senator Leahy,

    This is regarding recent hearing from USCIS Director Mayorkas and his response
    to issue of backlog.

    The issue of immigration backlog is a ubiquitous one ranging from family to employment.
    Employment being really the big issue with 1-2 million legally working applicants waiting
    to get greencard.

    It is surprising that Mayorkas is not aware of this Burning situation faced
    by a million plus legal applicants and that he needs to consult the experts. I wonder
    if senate is interested in doing anything better, other than settling in for such a
    mediocre explanation from the Head of USCIS.

    What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
    Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
    backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
    who are suffering first hand as result of such services of provided by USCIS :

    Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...

    http://www..com/usa-discussion-forums/i...

    USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
    Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
    gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?

    Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
    greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.


    God bless you Senator !

    Your's sincerely,




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  • rangaswamy
    01-16 05:21 PM
    Invoke AC21 irrespective of whether you are joining the new employer on EAD/H1.

    I shifted employers too, my new attorney said it was best to transfer h1b and then do ac21 to take care of gc process. My h1 was approved in 4 days, with premium processing.

    AC21 papers sent in first week of dec.

    Stay on h1.

    AR



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  • shana04
    08-03 11:42 PM
    Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....

    I can understand your frustration, but not abuse language please. We all are going through the same trauma.

    Libra has not said any thing bad and you do not have to fell bad for it or use any absue language.

    We should stand united and not fight among our selves.

    God bless you and your family and I would pray God that you get your checks cashed atleast before me.

    Keep faith in God my dear friend, one day we all would be set free.

    Good luck to you and Libra and all other friends here in IV.




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  • Desi_Hydrabadi
    02-20 04:34 PM
    Donot panic about everyting.
    HTH

    Thanks texcan for your encouraging reply. What you say makes sense. Thanks.



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  • chanduv23
    11-15 11:21 AM
    I am having tough time in getting an appointment with my local Representative and let them know what out problems are. And now this DEC bulletin is making my head spin.
    ---may be this bulletin will push me more in getting just an appointment--
    :cool:God bless America:cool:

    One one side highly motivated people like you are working extremely hard to meet the local law maker and helping the community, on one side we have these highly skilled cowards who are not least motivated to do something for themselves.

    Keep up the fantastic work. Please contact sammyb - he lives in our area and I just spoke to him, he is interested in meeting lawmakers.

    sammyb - please contact sweet23guyin




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  • laksmi
    12-03 08:02 PM
    I am also in same boat, I was gathering information on the same and found different solutions.

    1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
    2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
    3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
    4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.

    please advice on the same, good questions synergy.



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  • snathan
    05-11 06:22 PM
    Can I go to India and after the cleanace can I get the visa stamped in india?

    If its cleared, they will issue the stamping here itself. If they deny it here, in India also they will deny.




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  • mrajatish
    05-21 12:34 PM
    How about making sure individuals do not get the original PD when they use labor substitution. This will stop illegal labor trade and help a lot of us.

    An USCIS memo in mid 1990's had this:
    The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
    I was just searching uscis.gov and I found this very interesting !
    Now the question is: Who is wright?

    Check this out!

    d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.



    " The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).



    Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.



    The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.




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  • psam
    11-02 12:05 PM
    I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.

    An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.

    --Parag




    reddog
    07-08 01:25 PM
    Though it is not of my concern - I see that you want to file a divorce with your current spouse and then remarry another person - while I don't know your personal specific situation - I would suggest that you must try and work it out with your current spouse

    I see a lot of divorce cases these days among the immigrant community and when we look into it further - many cases divorces could have been avoided if spouses were more accomodating.

    Once again - I have written this with a good intent. Please do niot shoot me down. Admins can delete my post if needed.

    wb, agony aunt
    and stop watching those Karan Johar movies.




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    01-24 09:49 AM
    http://www.travel.state.gov/pdf/FY10AnnualReport-TableV-PartII.pdf



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