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  • mna123
    07-30 09:07 PM
    Thanks Kondur, your response cleared many things.

    No I was not of status because I am "outside" of US and am on unpaid leave for last 3 months as my name check for H-1 is pending.





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  • jazzy2
    05-25 08:47 AM
    Hi all
    called Sen. Lindsey Graham
    and Sen. John Macain

    Both the numbers had an option on leaving a message or opinion on a legislation.

    So i left a message ....

    should i also speak to the staff??

    jazzy2...

    washington dc





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  • aadimanav
    06-22 12:25 AM
    Source:
    The Oh Law Firm (http://www.immigration-law.com/)

    06/21/2009: CIR and What's Ahead

    On Friday, Obama Press Secretary Robert Gibbs officially announced that the President was scheduled to call a small group of Congressional leaders and political leaders to the White House to open a dialogue on CIR next Thursday, 06/25/2009. Troublesome was another statement that recognizes the facts by the Press Secretary at the same press conference that the Congress did not have enough numbers to pass a CIR legislation. As we reported earlier, for a CIR to pass the Congress, it should pass both the Senate and the House. However, it is the House that lacks enough numbers at this time to pass a CIR legislation this year. There are a plenty of House legislators who represent districts that are politically not affected by the Hispanic population and their political pressures. These legislators usually form a group of Democratic represenstives who are either conservative and middle of the road in the political ideology. The situation tends to be different when it comes to the Senate that is consisted of legislators based on their statewide consistuencies as opposed to the House representatives that represent small neighborhood and district constituencies. The Senators' decisions are thus derived more from broader national political or statewide political issues and interests of the whole party. For this reasons, for the past several years, the Senate initiated and was able to pass CIR bills which have ended up in the ditch when it moved to the House floor. The background behind the Press Secretary's announcement downplaying the potential success of CIR within this year is their motivation to control unrealistic rise of expectation in the CIR supporting community on the President's initiatives that can also end up in another ditch with potential negative political fall-outs to his political leadership. The current politcal landscape and environment then raise two questions. The first question is whether the President and the Democratic Congress will have enough energy and zeal to successfuly change the existing political landscape, particularly in the House of Representatives, within such a limited time within this year. The Congress will soon go into the Summer recess and the remaining legislative days in the Congressional calendar for 2009 are very limited. The second question is why then Senate Majority leader, Sen. Harry Reid, has been spinning in media on his agenda to take up a CIR bill this fall with the full realization of political reality that can be ditched again in the House. It appears that part of such spinning is related to his own political future. His seat in the Senate will be up for reelection in the national mid-term election in 2010 and he needs a strong support from the Hispanic constituency in the State of Nevada. The Hispanic population has been rapidly growing durng the past several years in the State of Nevada. His push for a CIR will achieve his political calculation, no matter whether the bill will pass or fail in the Senate. Again, the chance for a CIR passing the Senate in 2009 is indeed very good as the chance for Senate Democrats pulling together 60 votes may turn realistic, particularly as affected by the final result of the current Senate election dispute in the State of Minnesota. In the very near future, the Minnesota Supreme Court is likely to hand down a decision sustaining the election of Mr. Al Franken, a progressive Democrat, as the next Senator, over the conservative former(?) Senator Norm Coleman. For the discussion per se, let's assume that the CIR fails to pass either in the Senate or in the House. The Senator Harry Reid will still get all the credits in his Hispanic constituency in the State of Nevada for his initiatives in the Senate to legislate a CIR!

    All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.





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  • Macaca
    02-23 01:25 PM
    This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.

    The status of I-140 application may be important. Out of state tution may depend on the state.



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  • garfield
    10-07 03:38 PM
    Do you have to wait until the dates become current to add a spouse or can an application be made to add the name right now?





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  • sys_manus
    04-07 01:58 PM
    What makes you think skilled computer "operators" come only from reputed US universities???

    The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.



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  • chalamurariusa
    05-01 12:53 AM
    She did all that a normal F1 student does. Applied for her F1 Visa, parents showed the support documents and all. The Fiance was not mentioned anywhere either in the papers or the interview. She came here as a student and after a few months they got married again according to US laws. Till then they did not disclose their marriage.





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  • willigetgc?
    09-09 09:21 AM
    Not sure when the movie got released, but last weekend I got to watch "Outsourced" - It was fun !! I would recommend it, a little laughter on this tense topic.



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  • snowshoe
    01-01 09:00 AM
    I just returned from my 4 days cruise with a stop at Calica, Mexico. Here is my experience with the Customs and Border Patrol officer at the Port of Miami:

    I told him that we had applied for green card and handed him the original AP approval notices. He went through our passports to look at our visa stamps. He pointed out that the Visa stamps in our passports had expired, he asked me if I still work with the same company, I answered "Yes" and handed him our new H1 extension approval notices. He looked at the documents (guess looked at name and validity dates) and then took all the documents to another officer.

    After returning to his desk he justed entered some data into their system (I think our passport numbers) and told us we were good to go. He did not take our AP notices and did not issue new I-94.

    (while embarkation the Carnival staff had looked at our AP notices and hence had not asked for our old I-94s).

    I wish all of us a very happy new year.





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  • dealsnet
    08-04 01:31 PM
    If he is willing to co-operate, she can file. If she file without his permission, he can cancel her petition any time before adjudication. The petition have the validity until the divorce. If he is not supporting with her GC, nothing can be done. She will loose her H4 status also. She need to find some other way to be in staus like, Student visa, her own H1B, marry a citizen, H1B.
    Hi all,
    One of my friend is separated (not divorced) from her husband.
    can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
    She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution



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  • Jaime
    08-06 02:16 PM
    On the money, perfectly described. good choice of words.

    Agreed, perfect response. At least some Senators are talking about this. Let us be optimistic and stay on it!





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  • ca_immigrant
    12-19 07:32 PM
    This is Pat B 's broken record. He has lost all his credibility during all these years of immigrant bashing. He can write as many of them but other than red necks, no one is impressed. He is 71 years old and in couple years he will be gone. Old age brings some mental issues with it.

    ...lol......old age brings some mental issues....I like that ;)

    take it easy folks....just ignore what Pat B@#$#@% wrote.......
    only a jacka** (who probably does not want to work hard) like Pat would be worried about loosing his job to others.....



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  • lj_rr
    09-01 04:21 PM
    Thanks gcwanted101.
    So it looks like G639 is only for requests to USCIS and not for DOL.

    Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
    I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.


    Hey lj_rr

    "Also for the labor copy, should the request be sent to USCIS or DOL?"

    For Labor : you have to send request to DOL.
    For 140 : you have to send request to USCIS.





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  • chanduv23
    02-24 07:17 AM
    this is what i know

    since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process

    u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months

    again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action

    btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?

    Looks like the OP works for a consulting company and his contract seems to be ending. Seems like there are no contract opportunities at this time but there are fulltime opportunities that match his profile.

    His employer does not want him to leave the company but at the same time does not want any issues with benching so asked him to work using EAD during his last week.

    His employer also threatening to withdraw 140 support if he leaves.

    OP - as long as u r having a new job in hand, AC21 works just fine, so don't worry too much.



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  • don840
    04-03 08:03 PM
    The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
    I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.





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  • Bhaskar_80
    06-10 02:29 PM
    Thanks for your immediate response, gnutin and thomachan72.

    Mr.gnutin,

    Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.

    As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario

    1. If my labor from my previous employer (A) is approved (which in my case)
    2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)

    Thanks and Regards,



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  • Riakapoor
    09-16 05:17 PM
    If you are genuine: Don�t do it. It will affect your GC.

    If you are losers guild member using Indian name to post: Leave this forum immediately. I am tired of fake posts. I personally believe Riakapoor and ar7165 are fake.

    Thanks for the advice. Excuse me how could you say that riakapoor is a fake? I am not active in IV but that doesn't mean I am fake.





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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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  • somegchuh
    11-09 05:08 PM
    In the corporate world dilbert cartoon strip, shows an evil character called dogbert who is an HR exec. This evil character does everything to annoy office staff. However, for GC aspirants lawyers and USCIS are also nothing short of dogberts.

    Speaking of annoying lawyers, my company lawyer who is supposed to file for our EAD/AP renewal is adamant that the renewal can be filed only four months in advance. I have provided him a USCIS link that clearly states that USCIS accepts applications 6 months in advance. But it doesn't seem to help. God, I hate these lawyers.... So much fuss for filing paperwork....





    Refugee_New
    07-25 12:05 PM
    Gurus, tell me one thing.

    After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?





    zCool
    03-20 04:43 PM
    IF USCIS revokes 140 for fraud, you got 2 issues
    1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
    2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
    If you don't trust the company.. leave while you are ahead!



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