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  • english_august
    07-09 11:13 AM
    I guess I saw a mistake on the writing....

    On July 13th, 2007, DoS provided a glimmer of hope to these aspiring legal immigrants, by announcing in their visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) that all Employment-based green card applicants and their dependents would be eligible to apply for their Green cards, during the month of July 2007

    It is June 13th not July13th the first visa bulletin sent out by DoS.

    Thanks
    Chandra

    Thanks arumalla. I will fix it right away.




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  • vij
    06-14 02:36 PM
    Did any one filed on june 1 and still waiting for RD notice




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  • StarSun
    02-01 02:08 PM
    Thank you vbhup2, mk26 for your donations.

    Total Contribution: $200
    Amount to be raised: 50,000 - 200 = $49,800




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  • Sakthisagar
    11-18 09:37 PM
    Done!



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  • nehas
    01-29 05:03 PM
    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?




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  • ramprabhum
    07-20 12:04 PM
    I am a new member joining the IV team.

    Thanks for all the efforts taken by IV core team for our legal immigration problems. I want to contribute some money to reimburse Mr.Aman who had taken excellent efforts for us.

    Hats off to you AMAN.

    Can anyone guide me on how to make this contribution.



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  • desi3933
    01-30 02:32 PM
    ......

    When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action.
    .....

    .....
    H1b will not go dorment untill you change to H4.

    Incorrect!

    3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.

    However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin




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  • delhiguy79
    08-12 06:18 PM
    As I mentioned earlier I have to land in Canada, now I am thinking of using AVR. My expired H1B was from Company A then I shifted to company B. I now have H1B extension and valid I-94 from company B.

    Can I still use AVR? I didn't find the answer, anybody who used AVR(similar scenario like mine) can u plz reply....

    Thanks in advance.



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  • sankap
    07-10 02:00 PM
    @supreet:
    Desi/Sankap,

    I am not planning to open a company for this. If possible, I would rather work as an independent contractor on 1099.
    Please read IRS links I posted above re independent contractor vs. worker. Since you'll be filing your taxes as an independent contractor/sole proprietor on 1099, you'll be considered "self-employed." AC21 allows self-employment. You may not be formally opening a company, but you'll be self-employed.

    Now, after reading the last few posts, it looks like there are three things I need to worry about in case of a RFE -

    1. Job should be bona fide (without going into the definition of the word).
    My project is going to be with a large Bank through a big, wellknown consulting/outsourcing company. That should take care of the 'bonafide' part.
    All self-employment is legitimate--so no need to worry. Another option is o get the EVL from the staffing company in case of RFE. Your subcontract with the bank is immaterial.

    2. Should have similar/same job duties/responsibilities.
    I am still waiting for the contract, however I can have my job duties/responsibilities listed out in my contract with the company. I am sure I can get a letter from the client too if it comes to that.
    Your self-employment under AC21 has to be same or similar job. If the contracting co can give you an EVL (in case of an RFE), good enough. If not, you can create one for your self-employed "Sole Proprietorship." I wouldn't bother the staffing company*now* for an EVL.

    3. Job should be permanent - This is something I may not be able to prove. Since the project is short term, I am sure my contract will mention that. I am trying to convince the company to at least include "contract-to-hire" in the language of the contract. Since this project has potential of becoming long term, company is not averse to this idea.
    Will having 'contract-to-hire' in the contract take care of this question (if a RFE comes).
    All self-employment is "permanent." The staffing co may be able to write that on EVL. I wouldn't talk with the staffing co about that now: worry about that only in case of an RFE.

    Thanks!!

    - S




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  • rp0lol
    08-12 02:05 PM
    What does ADIT processing means any idea is that we need to go to local USCIS office for the interview?

    Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I posted it in a new thread but it is not appearing in the home page links


    ADIT (I-551) stamping


    Applicant appears at local USCIS for ADIT processing. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.


    Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.

    Courtesy of --- Jackson & Hertogs



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  • knnmbd
    05-03 10:53 AM
    I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.

    Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.

    What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...

    The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.




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  • coolstonesa
    06-22 03:31 PM
    Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.

    So you were not referring to Employment Letter for GC job, rather Current Employment Letter while discussing how to file I-485.
    GREAT!!! I hope you are not filing your I-485 application yourself.

    What is the Current Employment Letter has to do with I-485?

    Good Luck.



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  • josecuervo
    08-25 08:50 PM
    Today, I received the approval notice in mail. However I did not get the physical cards. The notice says that I may have to do the biometrics again to get the but need not take any action at this time.

    Received the "Card Production Ordered" email this evening at 6.30PM EST.




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  • tikka
    05-23 11:17 AM
    I feel Faxing 1 page document with the critical issues will have more impact in addition to the emails .

    Can some body send the template for faxes and link to webfax also. I email 10 senate members until now

    can you share the email id's please. someone on the forum was looking for the emails.
    thanks



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  • sury
    08-18 04:01 PM
    EAD approval Notice Sent


    Priority Date - Feb 2007
    EAD Renewal Mailed - July 23, 2008
    Approval date: 18-Aug-2008




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  • ArunAntonio
    07-09 06:08 PM
    Excellent job!
    But should we remove the contact number of Vikas Chowdhry from the article -- ??

    Done! Although we might get protests from people claiming this is more Munna Bhai than Gandhigiri!



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  • txh1b
    09-14 12:26 PM
    Sorry Outta Luck




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  • lelica32
    06-05 10:02 AM
    Hello!

    I am starting this thread for those of us who filed on June 1st. I am curious to see when will USCIS start sending receipt notices back to us.

    Cheers,
    J.

    My lawyer will file today under premium processing. I will let you know, if my Lawyer becames a notice.




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  • newuser
    05-23 07:37 AM
    I am about to e-mail to the Senators based on the new letter.

    Folks, but I have a simple question. Is the following provision addressed by IV when contacting the Senators or not ?


    Placement of employees at client site(Consulting business practices): Under the proposed bill one cannot place H1B employees at another employer�s site (common in consulting business) whether you are H1B-dependent-employer or not. Today, the law places that restriction only on H1B-dependent-employers. This proposed law applies that restriction of outplacement on all employers across the board.




    pappu
    02-01 09:43 AM
    http://immigrationvoice.org/forum/2301599-post1.html

    To conduct such an effort, IV also needs contributions. Our estimated cost is around $50,000 for the event. We need generous contributions from our members, especially from members who are unable to make it to the DC event. To be clear, all one time contributions starting from February 1st will be considered as a contribution to the advocacy event. All the recurring donations will continue to go towards Donor forum access. Our advocacy event costs will be on top of our regular costs and we need to pay for both.




    petepatel
    08-13 11:19 AM
    Congrats Petepatel !!
    This gives me a reason to be optimistic about my EAD, i filed on july 1st too.

    Hope you get it soon. :o



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