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Sunday, July 3, 2011

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  • hari-patti
    10-11 09:41 AM
    HI Folks

    The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.

    Is that true?????

    Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.

    Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??

    thanks





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  • satishku_2000
    05-27 05:02 PM
    Bumping up





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  • bijalrs
    06-24 10:20 AM
    Those who are trying to become a member of any state chapters, please post your requests here. Someone will get in touch with you.

    Hi,

    I am trying to become a member of Maryland State Chapter. I've already emailed my contact details to the owner of google-groups iv-dc-chapter-owner@googlegroups.com

    Please send me PM or contact me if you need to contact me again.

    Thanks,

    bijalrs





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  • girish123
    06-18 09:03 AM
    Hi EAD2009 !
    I would like to know about your F1 Visa Stampoing interview experience for UNVA adoctoral degree ? I'm in the same boat and need to go for stamping next week in Chennai. Pls pls do reply, that would be really helpful.

    Thanks,
    Girish



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  • Cameron Diaz in Bad Teacher



  • validIV
    03-05 05:10 PM
    I have a similar situation and I just asked these questions from my lawyer so I can answer somewhat. Either case, someone will correct me if I am wrong.

    1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
    Not until your PD is current or close to being current. Does she have an approved LC and I-1140, pending 485 (concurrent filing)? If she does u may have some advantages like cross-chargeability etc.


    2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
    Doesnt matter as long as you maintain either H1-B or AOS(pending I-485)





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  • Blog Feeds
    09-08 09:50 AM
    San Diego Immigration lawyer informed that the Department of Homeland Security, USCIS has submitted the information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on June 9, 2009, at 74 FR 27339, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until October 2, 2009. This process is conducted in accordance with 5 CFR 1320.10.
    Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
    We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to be collected; and
    (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.





    More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)



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  • swaroopmukka
    07-24 05:50 PM
    Hello,

    My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??

    Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???

    Thanks in Advance





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  • rameshvaid
    09-16 03:12 PM
    ^^^^^^^^^b^^^^^^u^^^^^^^^m^^^^^^^^^^^^p..

    To many bumps foR EB - 3..



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  • aksvk
    09-23 07:45 PM
    Thank you so much for the information!





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  • alisa
    05-04 12:45 AM
    The other day, three guys, a Pakistani, an Indian, and a Czech, and one Serb girl (originally from the beautiful city of Belgrade) met the staff of their American lawmakers, to tell them about the problems faced by the EB-immigrant community due to backlogs and insanely low visa numbers for EB-greencards.
    You can't get more American than this.

    My experience with the meetings with the lawmakers' staff has been very positive. I approached it with nervousness; however, the staff has ALWAYS been extremely polite, sincere and encouraging. They listen to us, and engage in meaningful discussions and question answer sessions with us. Quite often, we are told that this was the first time that our point of view was being told to them. We ask them what advice they have for us. And they all ALWAYS tell us to (a) talk to other lawmakers and (b) call them frequently, as they provide daily totals and tallys on pro-vs-anti calls on different issues to their bosses.

    So folks. We still have time. We have a few weeks. Please (a) join together and form state chapters, (b) educate yourself, (c) call the lawmakers offices (d) meet the lawmakers and (e) do all this within the next few days.

    Too often we take a fatalistic approach towards issues. Other times, nervousness and fear renders us incapacitated. Be proud of the fact that we are a diverse group of high-skilled immigrants. We are educated professionals. We are doctors, engineers, scientists, and other professionals.

    It is our duty, as intelligent and educated professionals, to tell the lawmakers that we are facing problems, and to request them to fix those problems, since they have the power to do so.



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  • aug2007
    05-24 11:04 PM
    Thanks to all for the response. I'll apply for the SSN next week.





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  • Sushana
    01-15 07:52 AM
    Hi,

    I initially got my H1 B approved under the quota for 2006 but later on moved on to work for a non profit organization on H1B. Now I am offered a job at a for profit company A, can I just transfer my non profit H1B to a for profit H1B(since I have already been counted under the H1-B visa quota for 2006) or I have to again go through the new H1 B visa quota for 2008-2009.

    Thanks in advance for your guidance.



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  • ruski_flasher
    08-01 11:07 PM
    not being rude, but are you the voice of- http://www.fat-pie.com/salad2.htm?





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  • Blog Feeds
    12-19 01:00 PM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that's old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.

    Divorce is always difficult. Kate says she looks forward to her future. No word from Jon...yet. For the Gosselins, they can and should move on.

    But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?

    This is an immigration concept called conditional residency. We represent many individuals who apply for permanent residency through their marriage to a US citizen. These are usually great cases because we are helping happy new couples stay together, and "move forward" in their lives. But what happens if the happy couple separates or divorces? In the worst scenario, USCIS will revoke or terminate the foreign spouse's conditional residency, leaving the spouse vulnerable to deportation proceedings, standing alone and at best, with competent immigration counsel at his/her side.

    In revoking conditional residency and initiating deportation proceedings, USCIS looks into the nitty gritty details of what happened in that marriage, was the marriage entered into for the immigration benefit rather than purely for love? Who's fault was it that the marriage ended? And could you (the foreign national) prove it? Imagine the reality show going behind the scenes to investigate, whether it was Kate's nagging that led to the failure of the marriage, or whether Jon's alleged affairs were the actual cause of the breakup and divorce. And would you feel comfortable knowing that USCIS is your final arbiter? If you married, got conditional residency and are now in divorce proceedings or separated from your spouse, think about calling Fong & Chun, LLP for a free consultation. ---ecf





    More... (http://www.immigrationvisaattorneyblog.com/2009/12/jon-and-kate-divorce-is-final.html)



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  • nozerd
    03-27 03:18 PM
    Did your friend eventually get the visa ? After how long ?

    Yes, a friend of mine was not given her VISA they did not say denial instead said they needed to further confirm her qualifiactions and field of research. This is bc she works in boitech and at that point there was the anthrax scare.





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  • hsadan
    09-30 10:25 AM
    that wouldn't be too original, would it? ;)



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  • gaz
    12-14 04:34 PM
    I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.

    wow! thank you - this is really helpful.

    My spouse is still on h1b and we will definitely try for this. Do you think the extension would be affected by the priority date (higher chances of approval if severely retrogressed) - or if theres something like a memo/ruling/logic for the approval, or is it just random chance?

    Also in case the motion is declined, does it lead to a future (negative) impact on either a fresh h1b filing, or green card application or such?

    Thank you!





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  • Ann Ruben
    03-29 07:42 AM
    First, if at all possible, your employer should appeal the denial of the I-140. There have been a series of AAO cases on the issue of educational equivalency, and it may be possible to have the denial reversed on appeal. Even if the appeal is eventually denied, your eligibility for one year H-1 extensions after 6 years will be preserved as long as the appeal is pending.

    At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
    who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.





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  • dale
    04-09 03:50 AM
    i reckon it's too neon green. and just a tad crowded

    i love the slogan though and the concept is awesome! :thumb:


    *do not eat istamp shuffle

    lmao!

    -dale





    ronhira
    08-02 09:45 PM
    http://www.youtube.com/watch?v=4iMU-y2PNlo&NR=1#t=1m50s





    coolpal
    02-17 10:25 AM
    You can stay in the US until the decision is made on your H1B application, and you can legally work (for the same employer) for up to 240 days from your application date if the case is in pending state.
    Regarding DL renewal, it really depends on the DMV you go to and the knowledge of employees there, but some DMVs, especially in locations like NJ, are aware of this situation and extend the DL by 90 days based on your original I-129 receipt notice.

    And in case if your h-1b application gets denied and you do not have EAD to fall back to, then you are supposed to apply for your legal status (H1 transfer (** not sure about this) or other visa categories) within 10 days of your denial notice or leave the country.

    As long as you are legally here (all the time) and are working in your stated field, you shouldn't have any problem.

    Cheers..
    pal :)



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