Saturday, June 11, 2011

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  • Flashbaby1010
    10-27 12:04 PM
    I didn't see my post listed. Here's a link to the thread
    http://www.kirupa.com/forum/showthread.php?p=2511972#post2511972


    Hi everyone,

    Here is a list of all entries currently submitted to the Buttons contest:
    Church Time by birdwing (http://www.kirupa.com/forum/showthread.php?t=336684)
    SplasH by sb0k (http://www.kirupa.com/forum/showthread.php?t=336746)
    SimpleButton by Scythe (http://www.kirupa.com/forum/showthread.php?t=336944)
    Always wear a smile by xxxheeroxxx (http://www.kirupa.com/forum/showthread.php?t=336981)
    Brrrr! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337076)
    Flower by flocke (http://www.kirupa.com/forum/showthread.php?t=337163)
    Farmyard: Baa! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
    Farmyard: Moo! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
    Farmyard: Oink! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
    Farmyard: Cheep! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
    KirupaScript by idark (http://www.kirupa.com/forum/showthread.php?t=337154)
    First Alien on the Moon by excogitator (http://www.kirupa.com/forum/showthread.php?t=337251)
    LOST! by ritwik_ind (http://www.kirupa.com/forum/showthread.php?t=337623)
    If you don't see your entry in the list, please send reply here with a link to your thread.

    Cheers!
    Kirupa :)





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  • morchu
    07-24 12:02 PM
    You do not loose your priority date even if the old employer revokes the 140.

    As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.

    -Morchu

    Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.

    1- Yes
    2- Yes (but the job duties have to be relatively the same)
    3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters





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  • oliTwist
    01-16 06:14 PM
    I see that Dream Act folks are trying to get > 60000 points, to showcase their support. We need to match for the posts like Legal Immigration in there. Currently the top posts for "legal immigration" are around 2000 points. Not many ppl are not taking interest.


    Please vote up on our causes! Easy job..but please act!





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  • magician7989
    09-05 06:52 PM
    I will be there. Do you know why they made all cases current in june if they have that much of a backlog. Amr Diab is some good music right there. Did you go to Sharm



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  • rajev_kk
    06-20 06:12 PM
    Thanks.

    Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.





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  • ssingh92
    12-30 08:52 PM
    If you can take direct non-stop flight then avoid the transit visa. Sending originals by mail is always risky. Just my advise.



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  • saravanaraj.sathya
    08-03 10:22 AM
    Whtz if the previous employer who filed the GC revokes I-140...Is it possible to extend H1 for 3 yrs in this scenario also?





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  • sweet_jungle
    11-17 12:26 AM
    it is the primary applicat's status which matters. spouse can be on any non immigrant status to file for I-485.

    Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.

    The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.

    In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.



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  • chris
    07-08 03:35 PM
    Why the lawyer need some information from your wife ? ( she no need to apply any thing , since your GC is approved ).

    I think best way to tralk to HR dept in your wifes company and explain them. that you will get GC soon. If they need some proof show them approval email .

    If they ask to fill i9 form show the EAD as proof for employment eligibility.



    New company lawer is not accepting EAD, even though we don't have written approval confiramtion

    How to conivince him to use EAD unti we got the phisical card?





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  • pady
    09-28 04:12 PM
    Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand



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  • willgetgc2005
    03-22 07:37 PM
    Sent to my Attorney.





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  • dixie
    11-07 02:09 PM
    If you have maintained status all along, you have nothing to fear.Since you have an approved H1, you are free to stop taking classes now. However, when you go for visa stamping be prepared with all the documents to show that you have maintained status. You will surely have a few tough questions to answer so be prepared to convince the visa officer of your continued legal status.Also, avoid going to a consulate in a third country like Mexico or Canada. In my opinion, for non-standard cases like yours its safer to get it done in your home country.


    My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?



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  • Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.





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  • willwin
    04-05 09:16 AM
    How you filled this much fast? You posted adds before you got PWD? My attorney is saying that we need to wait untill we get PWD to post adds

    Well, I am not sure how it works but my attorney assured me that it's all taken care. Looks like the recruitment can happen prior.

    Perhaps, the attorney team here on this forum can help us understand how this works.



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  • waitnwatch
    07-11 12:18 PM
    .....

    They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.

    Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way......

    Here I'm playing devil's advocate. What if the salary now falls below the market rate determined by DOL? I am sure that some of these fly-by-night operators are also some of the poorer paymasters.





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  • saimrathi
    08-10 04:07 PM
    Can't attend.. Contributed $100 towards the cause..



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  • ras
    10-25 09:58 PM
    Situation :

    My 485, 765, 131 applications reached USCIS on Aug 17th.

    Soon after that moved to a different apartment in the same city. Updated US Post office for redirection of my mails to the new address. However, the address in the USCIS has not been updated.

    on Oct 10th got the checks cashed for 485, 765 and 131

    The address was updated in USCIS only yesterday (Oct 24).
    I haven't got the reciepts yet and need to visit India on Nov 4th.

    My questions:

    1. Not sure if USCIS has already sent the reciept notices to my previous address. If they were sent to previous address will they be redirected to the new address or they will be returned back to USCIS?

    2. Some one mentioned that mails from USCIS will not be redirected but will be returned back to USCIS. Is this true?

    3. Approx. how much time it takes to recieve the reciept notice once the checks are encashed? for me it is already 15days over and haven't recieved the reciept notice at my new address.

    4. Will the reciept notice be sent to the Applicant and also the Attorney? Or is it just for attorney?

    5. Have got the print out the checks cashed with the reciept numbers for 485, 765 and 131. will those be sufficient to carry while travelling as I have not recieved the original reciepts yet. Ofcourse I have a valid H1 visa till 2010.

    Appreciate any suggestions





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  • sachug22
    07-16 01:51 PM
    Hi,

    My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.

    Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?

    Thanks for the help.

    Kanaka

    Check the timeframe on RFE, some have 90 days (3 months), so you should have enough time to respond. It is advisable to visit the same doctor (since he/she has record of your original test).





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  • kiru_99
    10-30 12:47 PM
    Hi,
    Today I came to know from USCIS that my I485 was rejected stating incorrect/No Fees.
    It was rejected on Sep 22nd & letter would have been sent to my lawyer same time. He never told me anything about it. Do I have a chance to resubmit now.





    indyanguy
    10-22 11:43 AM
    My Labour was For EB-3 and my I-140 was filled in EB2
    One of my Colleague also had same case but he got query on his
    I-140 and mine got denied

    I have a question
    Now I will have to file new labour and I-140 can
    Will I loose my old priority dates

    How can the labor be filed under EB3 and the 140 under EB2? Is this possible only if Labor mentioned BS + 5 (or MS) as the requirement even though it was filed under EB3?

    Anyone care to throw some light on this?





    rinkurazdan
    05-30 04:45 PM
    I haven't come here for a while and don't know what's happening here. Several weeks ago, we said we would be happy if congresses pass CIR. How come we don't want CIR to be passed now?
    Please read the IV Core groups analysis on the CIR bill...which is totally different than the CIR thhat was passed by the previous Senate in 2006



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