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  • 485Mbe4001
    11-17 12:12 PM
    if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
    IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.


    Do you agree with this statement

    If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. If there is no reform by January 2008 its not gonna happen.

    Thanks





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  • ghost
    02-07 10:28 AM
    they are talking about statistics on legal immigration backlogs and suggesting that they be cleared....aligned with IV goals





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  • kondur_007
    09-21 10:45 AM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble

    I agree with all of the above advises and add one more thing:

    Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.

    In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
    Good Luck.





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  • solaris27
    03-12 10:16 AM
    Congratulations



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  • martinvisalaw
    06-29 10:32 AM
    You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94.





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  • snowshoe
    12-19 02:21 PM
    I went to Consulate General of Mexico, New York this morning, when the Visa officer asked me for my air tickets I told her that I am taking a cruise that has a stop in Calica, Mexico. She told me that a visa is not required in such cases and gave me a flyer that contains this info.

    This is a para about Leisure cruises:

    "A foreigner of any country traveling to Mexico on leisure trips visiting Mexican maritime ports, are not required to obtain a visa or consular stamp. The passenger should carry its valid passport."



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  • karthkc
    03-27 05:47 PM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.

    What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.

    In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.

    If it does come up during adjudication, a good attorney should be able to compose a response accordingly.

    Hope that helps!

    --Karthik





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  • mnq1979
    06-26 11:14 PM
    If possible, try to get hospital record of live birth. Though it is not birth certificate, it may be used as secondary evidence.

    well i m trying to get the bc of my wife and i m afraid that the date of "registration of birth" will be of this year as she is getting her bc this year only. so in order to back it up i m getting the affedevits from her parents. thats y i asked that will it b OK if i get the affedevits from ABC city where her parents reside currentlty or do i have to get the affedevit from the city where she was born.

    pls. note no matter from where we make the affedevits it will say that she was born in xyz city.

    i m not sure does it mke any diffrence if we get the affedevits from abc city.
    there is no other record available which i can produce.

    pls help!!!!



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  • scorpsdude
    07-15 04:33 PM
    Don't get scared if you forget to hand over I-94 . this one point given on US Custom & Border Protection website will give you some relief:
    -------------
    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your re-entry next time you come back to the United States.
    -------

    Here is the link to the full article. Hope this helps.

    https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=9VyH5fGh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NDcmcF9wcm9kcz0yMywzMiZwX2NhdHM9MCZwX3B 2PTIuMzImcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlY XJjaF9ubCZwX3BhZ2U9MQ**&p_li=&p_topview=1





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  • perm2gc
    08-30 09:38 AM
    Immigration gurus, need your advice ASAP

    my current H1B visa expires 03/07 . If I can fill for extension and while petion is pending with USCIS for processing can I travel outside USA ?

    I asked lawyer to apply for extension first week of september . I have I140 approved and he will request 3 years increment .

    my job requires traveling outside USA and I'm wonder if I can travel back and forth until petition is approved .

    I know that after approval I need to get visa stamp .

    Your quick inputs will be highly appreciated

    thank you in advance
    You can travel back and forth until you have valid visa stamp.You can do it until 03/07.



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  • desi3933
    06-25 10:38 AM
    Here is the reply from my attorney

    the CIS takes 90 days to issue the EAD cards; don’t panic as you and your wife are in valid status and not in violation of any rules because you have timely filed your applications for adjustment of status and your status (H1B and H4) are still current

    Read the bold part again. The condition that maintaining H4 status is not correct. Your spouse is running a business and using EAD and therefore, she is not in H4 status. This is the key difference.

    One can't be in valid employment unless has valid EAD (or H-1B status). Unlike H-1B, filing an extension for EAD does not confer right to continue employment authorization while it is pending and current authorization is expired.



    ________________
    Not a legal advice.





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  • krish.d.rao
    11-06 10:11 AM
    Any one knows which Airline is good (Cost & Service) from Newark to Bangalore? I have flown AI with stop over in Bom, but would prefer something direct to Bangalore.

    Thanks

    Air France has a Newark - Paris - Bangalore flight but their price/ service combination is not great. I flew Jet recently and the experience was the best in my 10 years of coach class flying. They do have a stop over in BOM which is not as good as flying direct to BLR but it is not bad either.



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  • sarva1
    05-25 10:40 AM
    Called Sen Coryn's office. Kicked out of voice mail to immigration counsel. However, did leave the message with the staff. He was professional and nice. HE even thanked for calling.





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  • speddi
    10-05 07:06 PM
    Speddi

    which serivce center are your applications pending with?

    mine is at Texas Service Center



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  • Be_Pragmatic
    07-23 05:16 PM
    I'm in a similar predicament as well. I'm on EAD and 485 is pending, can I claim unemployment benefits?





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  • IVFOREVER
    03-27 03:49 PM
    I will also agree with you "To be positive". But being realistically positive is good and avoids disappointment at the end of the day.
    :D:D:D



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  • Kevin M
    April 3rd, 2005, 04:58 PM
    An alternative treatment would be to dual process (I am assuming it is a raw file). The one above looks about right for the sky area. Another conversion with + exposure compensation for the shadows and blend the two in your editing software.

    Nice image of Half Dome.

    Kevin
    http://homepage.eircom.net/~bot/paint/photo.htm





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  • sidbee
    01-02 08:01 PM
    I really wish , i could file my 485 in 2 years, If not i am moving to UK.
    Another question , being a junior i have, How does IV use our donations to compel USCIS/DOS to do things in favour of LEGAL IMMIGRANTS?





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  • roseball
    05-02 02:09 PM
    It shouldn't be a problem if you get into a financially sound company and hire a good attorney...PERM and I-140 shouldn't take more than 6 months if you hire a good attorney.....





    gc28262
    06-14 02:57 PM
    Refer this:
    Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)





    tonyHK12
    12-03 05:24 PM
    A more aggressive statement (for selling) not too far from the truth...

    There are 400-500,000 waiting in EB queues. Most of them would prefer to leave the country, than wait for 10-20 (30?) years for a green card.
    Also at least 65,000 workers come in every year. We will also lose most of this every year unless GC is fixed.

    (I am not talking about those who want to stay for 2-4 years only and go back)