الخميس، 23 يونيو 2011

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  • darshan1226
    02-12 10:25 PM
    Hello all,

    Is there a law that grant green card for a person who's been in the States legally for more than 10 years?

    Thanks




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  • raysaikat
    02-16 09:32 AM
    All

    I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

    I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
    So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

    Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
    OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
    Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
    Yes.

    OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
    Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf

    This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.

    OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".

    There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.

    OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
    This is the preferable option.

    OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

    Thanks a lot in advance.
    ;)
    [QUOTE=sa.node;2357341]

    I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.




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  • punjabi
    10-19 03:30 PM
    Dear folks:

    Fist of all, a definition of PLEDGE:

    PLEDGE: A solemn promise or agreement to do or refrain from doing something. Example, a pledge of aid; a pledge not to wage war.

    Situation:
    More or less, all of us are aware of the importance of IV.org and how much IV means to us as an organization AND as an entity that strives to help us get out of the gut of current immigration situation.

    We also know that a day will arrive when we (and spouse/kids) will have Green card in our hands.

    If not next month, perhaps in another 6 months for some people. Or perhaps a year or two away and to some people, unfortunately, even longer.

    But we will get it one day.

    IV is a very active organization who is working hard in our best interest and it does not matter how you get the Green Card, IV will have, direct or indirect, contribution to it.


    Proposal:
    There was a thread going around few months ago on "how will you celebrate the day you get greened?" Some prefer throwing a party, some prefer vacation, some would overload gallons of alcohol in their body or some would donate money to their respective temples or church.

    These are all good things to do. (OK. May be not the alcohol part) :)

    In addition to the above, I invite you to celebrate that day by flowing some donation to IV. Just as a token of saying THANK YOU. This will help IV to continue to fight for other folks out there.

    I invite you make a sincere pledge TODAY on how much money you would like to donate to IV on the day you get greened.

    Nobody is going to twist your arm if you decide not to donate, but I trust that most of the people takes pride in keeping their word once given.

    Even if 50 people among us get their green cards each month and each one of them decides to donate $100, it will amount to $5,000 to IV and it will help them fight for a cause for rest of the people out there.

    No pressure.

    Just an idea.

    I myself pledge for $250 donation today.

    Others are welcome to participate.




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  • dvb123
    02-28 07:02 PM
    US grants home schooling German family political asylum | World news | The Guardian (http://www.guardian.co.uk/world/2010/jan/27/german-home-schooling-family-asylum)

    USCIS goes by the book not by the how dumb the rule is.



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  • go_guy123
    03-01 11:40 PM
    I am in the same boat as you. I landed in Sep 2006 and have valid Canadian PR till Sep 2011. My 3 year expiry is nearing. And I am really confused with my EB3 India 2004 PD in retro. But also I have gotten married and not applied my wife on my Canadian PR at all. So that is another problem. I intend to voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife this year as US H1B and GC process rules with USCIS is getting weirder by the day.

    Also you can absolutely without any problem go and stay for next two years (730 days) before your first PR card expires even though you were out of Canada or were never resident there for first 3 years and retain your Canadian PR status. I know it for sure.

    what do mean by "voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife "

    To apply for your spouse you need to fine a family based immigration for your wife

    The rules have be tightened now. Are you aware of that. So you may not qualify the seocnd time. Also the second time they wont give you the PR

    There was a major change in the visa rule in Feb 2008

    The setence "visa ficer shall" was changed to "visa officer may"

    http://www.cba.org/CBA/sections_Cship/pdf/08-24-eng%5B1%5D.pdf




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  • sk.aggarwal
    11-06 02:55 PM
    In same context, if I140 is approved with employer A as a future employee. Can present employer use it to extend visa by 3 yrs, w/o going through labor/GC process



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  • horscorp
    02-06 08:29 PM
    Ann,

    Thanks for your response, really appreciate it.

    I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.

    I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.

    Hypothetical (and probable) scenario:

    She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.

    Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.

    horscorp



    A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.




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  • sonu9
    08-01 12:21 AM
    HI , first of all thank you for spending some time on my problem.

    But my dependants are in " X " location only . we are meeting each other by travelling . my dependants are receiving all invoices. Thats the reason i got this question. please suggest me. THANK YOU SO MUCH IN ADVANCE.



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  • go_guy123
    03-12 03:33 PM
    Surely we know each other then!! :)

    Compared to US, Software Engg position in India sucks a lot. It makes sense only if you are a manager in India. I know batchmates went to work in Texas Instruments in Bangalore and after a year or 2 later, got frustrated with the insfrastructure etc there.




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  • Anders �stberg
    October 6th, 2005, 10:30 AM
    I don't think the extension tube affects the optical quality, there is no added glass. What you see is perhaps an effect of increased magnification plus loss of light, leading to the need for a faster shutter speed. Using both a teleconverter and extension tube means more risk for camera shake and as you also get closer you may have more motion blur. What shutter speed did you get for the geese images?

    The two birds I posted were photographed at a bird feeding table next to a walkway, they were not very afraid of humans. I had to sit very still close to a tree though as the distance was not more than 12-15 feet. I have tried using camoflage clothes as well as a blind but I think you still have to visit the same place for an extended period to let the birds get used to the addition of the blind or you-posing-as-a-bush in their environment.



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  • GCwaitforever
    03-22 07:41 PM
    Many Greencard holders have a difficulty marrying spouses from another country (than USA). USCIS imposes harsh rules and Greencard holders can not even bring their spouses on a travel permit for visitation rights. Prisoners fare better as they have visitation rights and their spouses can come and see them.

    V-Visa is introduced to alleviate these problems of Greencard holder spouses. But V-Visa provisions allow only greencard holders from 2000 and before to bring their spouses here and V-Visa does not expire.

    Is IV going to work on extending the V-Visa provisions to beyond 2000?




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  • amsgc
    02-19 12:50 AM
    Count me in.



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  • sumanitha
    12-16 06:53 PM
    Not to question you or something, my understanding is that, you can file a 7th year extn based on I-140 .. Has the rule changed?


    File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.

    Best regards,
    Charles




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  • gparr
    October 6th, 2005, 11:13 AM
    Agree with Anders on shooting small birds. The limited success I've had has only come when I've regularly gone to a location and stood still/sat still so they get used to me. At a bird feeding station in a local preserve, I go during my lunch hour in the winter. I find that I have to stand in one location with camera/tripod set up. When I first arrive the birds all disappear. It takes about 30 min. at this location before they start making their way back to the feeder. I can watch them as they move from tree to tree, progressively closer to the feeder. After 30 min. or so, they'll start feeding and landing in close-by bushes and I can start shooting. Of course, by then, my hands and feet are frozen. The price you pay. Like Anders, I also have more success and shorter sessions if I'm able to visit the same place frequently. If I just had Anders' skills I'd probably have some good shots to show for the effort. This cardinal shot is one lucky result from a frozen-limb effort.
    Gary
    http://www.dphoto.us/forumphotos/data/1122/cardinal1.jpg



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  • gccovet
    05-08 07:52 AM
    Hi,

    It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.

    Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?

    Thanks
    Bob


    Several of us received soft LUD on I-485 during April 2nd week through 1st week of May, there are several threads discussing that.
    GCCovet




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  • bigboy007
    07-31 10:08 PM
    No Proof will work, if you receive packet after 17th Aug. So hope for best or will file on oct again :)

    Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?



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  • masala dosa
    09-21 04:27 PM
    I doubt if a Masters qualify for EB1. But if you filed under EB1, then you should be able to file I485 immediately as that category is CURRENT. Check and confirm the category your employers filed and post your question again.

    There is no way you can file under EB1
    You can go max to Eb2 or Eb3
    if its big co you work for then they will stick to eb3
    if its some tolly molly software co then u get eb2
    either way you are screwed.

    Cheers




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  • rsayed
    04-20 05:54 PM
    04/20/2007: Immigration Reform Growingly Picks Up Heat

    Along with more and more number of bills which are being introduced in the Congress, the constitutents of pro and con in the communities start mobilizing their muscles. Currently, the Senate debate schedule remains the last two weeks of May and these groups started acting up to pave a way for building a lofty wall against or smoothens the road for passage of this legislation. The Catholic community is very charged in support of the bill and actively lobbying both openly and behind the scenes to work with the legislators. People sometimes question why the Catholic community acts as one of the front lobbying forces for the CIR. You guessed it. Hispanics are Catholics and the CIR will tremendously expand the horizen of their constituents and its power base in the national political arena. Twelve or thirteen millions are not a small number. The same question is also raised relating to the AFL-CIO, labor unions. Again, you guessed it. The low-end industries and illegal aliens that will benefit from legalization are charaterized as workforces that belong to the organized unions. This is contrasted to the high-end industries and professional workers that are not by nature tightly organized into the unions. For the reasons, the unions tend to support the CIR, unlike the high-tech worker bills, to take advantage of expanding its membership and power base through the to-be-newly-recruited members of the unions. Aha...... Immigration proponents hope to see that legal immigration supporters and illegal immigration supporters quickly find a bed to share and become bed-partners such that the immigration reform legislation will move along more smoothly avoiding internal feuds and conflicts in the community.

    http://www.immigration-law.com/

    It is a positive update - hopefully, these "behind the scenes" or "back-door" lobbying efforts/activities will help alleviate the Retrogression situation.

    If there is any chance, it is 2007. In the past 2-3 years, there have not been so many Bills in the House and Senate, aiming at solving the Immigration situation.

    I just read the following update on www.immigration-law.com -

    04/20/2007: House Version of SKIL Bill, H.R. 1930, Introduced in the House on 04/18/2007

    Congressman John Shregg from Arizona introduced the SKIL Act of 2007 in the House on Wednesday, 04/18/2007. This is a bill which is identical to the Sen. Cornyn's bill in the Senate. These two legislators also introduced the identical bills in the House and the Senate last year. The full text has yet to be published, but the text is considered identical to the Cornyn bill. Rep. Shregg strongly opposes the comprehensive immigration reform legislation that includes legalization of illegal aliens.

    The EIA, Electronics Industries Alliance, supports this bill, particularly H-1B reform, but asks that the SKIL and H-1B reform be enaced as part of the Comprehensive Immigration Reform legislation.




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  • dhesha
    08-14 08:04 PM
    One of my friend got "Card Production Ordered" email. He is EB2-I, PD Jan 2006, RD- Sep 30 2007, NSC.
    Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?




    ksnewyork
    07-17 06:35 PM
    not as long as I see it on USCIS website..
    Thisis Murthy website...


    It is on the uscis website under August bulletin.

    "D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn. "




    thomachan72
    10-19 12:30 PM
    Hi Rajenk:

    I have gone through the link that you have posted here. Thank you so much. It is very informative.

    The only question i have is, my employer though a bank, is not willing to give me a copy of my I140 WHATSOEVER. I tried numerous times and they only say that the attorney (FRAGOMEN) has advised not to give the copy of I140 to the beneficiary. With the banks you know..they may be around or shut any time.

    Can you please advise, COPY OF I140 IS REQUIRED, for porting the priority date to new employer?

    Thanks
    Hi you might also need the copy of the labor? or atleast the number for that one?



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