Saturday, June 11, 2011

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  • yabadaba
    07-02 09:47 AM
    if you really doubt.. then get the hell outa here you illegal jerk. go back to your gas station.





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  • ivgclive
    04-25 10:53 PM
    Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.

    After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.

    If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?

    What would the employer gain by applying H1B if only 3 months left?





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  • rajarao
    08-19 03:01 PM
    I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
    a. medical records with child and both parents name
    b. hospital records with child and both parents name
    c. census records with child and both parents name
    d. school records with child and both parents name
    e. religious records with child and both parents name for naming ceremony.

    I do not have any of them, at the most the school record is 10th grade with only fathers name.
    Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.


    --------------------------------
    EB2- India/
    PD: June 2004
    RD; July 1 2007





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  • BECsufferer
    07-01 07:07 PM
    Hi!

    My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.

    How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?

    Please advise.

    OBGyn is generally 4 yr residency and knid of competitive these days. And yes u have to clear Step 1 and 2 definitly.

    Had u been from middle eastern country, Hurley Medical Center in Flint would have been easy to go program. And if you are from certain part of India ( I'll give Satyam as hint ;)) , Synergy in Saginaw, MI would have been #1 choice.

    No offense to anyone, so lets keep peace. :cool:



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  • McLuvin
    03-04 05:31 PM
    Sorry!!! Handle?? Short Name??? I did not get it





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  • VivekAhuja
    07-08 07:09 PM
    It all depends on how good you really are. If you are excellent, any company (desi or not) will do anything to keep you.



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  • malibuguy007
    10-01 06:27 PM
    Guys, I can see the energy level drop down after the HR 5882 did not pass in the Judiciary Committee. However we have to keep trying and part of that effort is keep working with lobbyists through IV core. During the next 6-9 months we need to collect enough money so that when the time comes IV Core is able to lobby hard on our behalf and get the necessary measures passed.

    On that note I am starting this thread for people who would like to contribute $50 or more. It is the 1st of the month and all of us got our paychecks, so no reason not to.(Remember Feed the Pig Ad? Well IV is as important as feeding the pig - so please do your part).

    Additionally for every $2500 collected I will put in an additional $50.





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  • GCwaitforever
    10-20 04:28 PM
    Then what kind of visa that I have to hold between the beginning until I am ready to hire total of 10 and file my EB5.

    Is there limited time frame? that I have to hire total of 10 let say within 2 years..

    Thanks GCwaitforever

    EB-2 is the investor visa offered. You can renew every year without any time limitation. But this is purely a non-immigrant VISA. You can not get a GC from this. Of course, being on H-1B creates a conflict with this. So let your H4 spouse take advantage of this and let him/her build the business and then switch to EB-5. As a dependent, you will also get the GC.

    EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)



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  • jthomas
    05-05 06:16 PM
    What happens to the GC petition? I guess that is probably also Amit's concern in the long term

    - cheers
    kris

    It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.

    I have a canadian PR so i took the risk of taking unemployment benifits.

    you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk

    Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.

    J Thomas





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  • wandmaker
    03-05 02:05 PM
    Hi,

    I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?

    Thanks for any inputs/thoughts.


    eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....

    IV does not collect any identifiable information. The information is being requested is all about petitions that you had filed, which no way affects your privacy in my personal opinion. These information will help IV to slice and dice the data and present it to lawmakers when the need arises.

    It is up to you to contribute to these efforts with clean data. I would suggest you to get a paid consultation from an immigration attorney until you become comfortable with IV, people and its forum



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  • jigsaw
    02-19 08:30 PM
    Hello
    Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
    Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
    I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
    I have been given a date to do the finger prints...
    How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
    if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
    The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
    And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.

    Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.

    As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?

    Much thanks in advance





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  • gbadrain
    08-12 03:46 AM
    See Newbie,
    I have read in many forums that in todays time every consulate is well connected with each other through database stored in their system as also we are supposed to lodge our case only at the Consulates near our Working place or bonafide state where we belong to.
    Anyways thanks for ur opinion buddy:)



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  • zoozee
    08-15 01:57 AM
    Greencard fever -why take so much pain with your gc when you plan to rellocate to india/currently its even hard to predict when can one receive the gc. One can always visit US on tourist visa which is the most easy part. My opinion is only if one does not want to settle in US -





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  • punjabi
    01-07 10:11 AM
    I don't know about Texas, but we live in CA and my wife (dependent on I-485) claimed unemployment benefits for about 3 months last year. We got a notice from EDD (Employment Development Dept) to send them a copy of EAD (for Alien Number) so they can let USCIS know that she has claimed unemployment benefits and if she is eligible in terms of immigration status.

    A couple weeks later, we got another letter from EDD saying that after considering the decision from USCIS, you qualify for the unemployment benefits and your compensation per week would be so and so, etc.

    (We have no idea what they actually asked USCIS and what USCIS answered them but nevertheless, they had a communication with them.)

    Hope it helps.


    Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.



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  • chanduv23
    09-04 10:41 PM
    My apologies for those who signed for this event. This has been called off. A decision was made by Chapter volunteers in the Tri State Conference call tonight.

    THANKS FOR THE UNDERSTANDING





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  • waitingonlc
    02-13 03:50 PM
    Immigration plan looms in Congress
    By Michelle Mittelstadt
    The Dallas Morning News, February 12, 2006
    http://www.dallasnews.com/sharedcontent/dws/news/nation/stories/DN-immigdog_12nat.ART0.State.Edition1.3eb24c4.html

    Washington -- As mid-term congressional elections draw closer, the window for action in Congress on a complex � and controversial � immigration package grows ever smaller.

    Mindful of that, Senate Majority Leader Bill Frist has told Senate leaders that they must deliver a bill to the floor by March 27, an ambitious deadline for legislation that has yet to be written in committee.

    A bigger hurdle looms: Reconciling sure-to-be competing visions from the House and Senate.

    'Immigration is one of the most controversial issues in American society,' said Stephen Yale-Loehr, who teaches immigration law at Cornell University. 'We all like individual immigrants who live near us and work with us, but we don't like illegal immigration as a whole. And trying to put together a package that will accommodate everyone's interest is very tough, indeed.'

    The topic is fraught with economic, national security, social, diplomatic and political implications.

    Each year, hundreds of thousands of immigrants enter the U.S. illegally, swelling a population now estimated to exceed 11 million. The Southwest border is in crisis in places, overrun by illegal immigration and drug traffickers. There is also the threat that the porous border could serve as a gateway for terrorists. And the legal immigration system is beset by backlogs, problems and rules that vex employers and keep millions of people awaiting approval for green cards to join relatives already here.

    The test for Congress is what to emphasize: enforcement, immigration liberalization or some combination of the two?

    Choosing a direction

    The House took the first crack at the question, passing a stringent enforcement-only bill that would fence more than a third of the 1,952-mile Southwest border, increase fines for employers who hire illegal immigrants, and make it a crime (instead of a civil penalty) to be in the country illegally. The legislation was silent on President Bush's call for a guest worker program that would grant visas for up to six years to millions of undocumented workers.

    The debate now shifts to the Senate, which appears inclined to marry enhanced border security with a temporary worker program.

    But the Senate's solution, particularly if it includes a pathway to legal permanent residence, is sure to set up a collision with the House, where national security hawks have dominated the debate.

    'The big question becomes: Is it even possible for the two houses to reconcile their bills,' said Steven Camarota, research director for the Center for Immigration Studies, which favors reduced immigration. 'If it's not done by May, I can't see it getting done.'

    The divisions may be too pronounced for Congress to act this year, Mr. Yale-Loehr said.

    As the elections near, politicians will become increasingly skittish of taking up an issue that could anger Hispanic and conservative voters alike while also inflaming constituencies as diverse as big business and labor.

    In some ways, it's no surprise that politicians are lurching in radically different directions, with one faction pushing get-tough prescriptions such as ending automatic citizenship to those born here of illegal immigrant parents, while another camp presses to legalize illegal immigrants and permit a stream of newcomers.

    Public divided

    The public is deeply conflicted.

    Polls consistently show that Americans are troubled by illegal immigration and the federal government's failure to enforce the law. But those same polls also detect sympathy for illegal immigrants who work and pay taxes as they scrabble for a piece of the American dream.

    A new Time/SRBI poll offered one snapshot of the public's ambivalence. Though 63 percent of respondents described illegal immigration as a very serious or extremely serious problem and 57 percent endorsed taking 'whatever steps are necessary' to halt migrant crossings, 73 percent favored granting temporary work visas to illegal immigrants already here.

    So, how do policymakers thread the needle?

    'That's the $64 million question,' said Migration Policy Institute senior fellow Doris Meissner, who headed the Immigration and Naturalization Service during the Clinton administration.

    'We definitely have to do something, and sooner than later,' she said. 'But I think that it's really important that this issue and this debate develops and evolves, because if we were to go ahead and enact what's now been passed by the House, it would be a terrible disservice.'

    She, like others critical of the House's enforcement-only approach, contends that any immigration law rewrite must resolve the status of illegal immigrants and provide an outlet for future migrants drawn by jobs or the desire to be reunited with family.

    'Enforcement-only is not going to work,' said Angelo Amador, head of immigration policy for the U.S. Chamber of Commerce.

    The chamber is loosely allied with immigrant-rights groups, religious organizations, labor unions and others who have rallied around a plan by Sens. John McCain, R-Ariz., and Edward Kennedy, D-Mass., that tandems some tougher enforcement with a guest worker plan that would provide a path to legal permanent residence.

    But supporters of the House approach say enforcement must be dealt with first, both at the border and within the country, and by implementing a mandatory employer verification system to check the legal status of would-be hires.

    'A guest worker program would be an absolute disaster with our current enforcement because, of course, it wouldn't be a guest worker program if we can't make them go home,' said Rosemary Jenks, director of government relations for Numbers USA, a group seeking reduced immigration.

    Pollster Sergio Bendixen said that the policy debate has been skewed by the 'echo chamber' of radio talk shows and cable TV programs that fixate on immigration's negatives rather than looking at the whole picture.

    'It has become an emotional issue with emotional buzzwords, and there's very little rationality in the debate,' Mr. Bendixen said. 'Unfortunately, we are close to making it impossible on people who have to get elected' to deal with the issue.



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  • hotshots
    06-04 10:37 AM
    From Rajiv Khanna's site... http://www.immigration.com/faq/370/unreasonable-h-1-requests-cis

    Unreasonable H-1 requests from CIS

    USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:

    Quote:
    Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client�s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.

    As with most things dished out by USCIS, we are dealing with it.





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  • EndlessWait
    08-01 12:39 PM
    http://lofgren.house.gov/PRArticle.aspx?NewsID=1819

    Good going.





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  • gouridighade
    04-29 04:09 PM
    The Travisa website doesnt say that they require notarised copies of anything.





    GCnew
    06-13 03:30 PM
    I may be wrong but I think the 180 day rule does not work anymore. USCIS has published a timeline for name check (for e.g., if you name check has been pending for say 1 year, it will be clearde by a certain date).

    My understanding is that USCIS is no longer approving cases if the name check has not clearesd. So you might have to wait for new timeline before it gets approved.

    Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)

    Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.





    radhay
    08-05 11:50 AM
    Hi, I wouldn't bank on what officer says as it is not binding. You need valid AP to enter US and there should be no confusion about it.

    You should take Employment verification letter and latest stubs although it is not 'required'. I believe your July 20th paystub should be sufficient but if you have access to your latest electronic paystubs(ADP website) it is not a bad idea to print them out. Otherwise don 't bother.


    Hi

    I read in one the post here at Immigrationvoice.com

    a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
    But I am not sure whether it is true or not alway check with Attorny for the same.

    On other post, is it required to have paystubs while travelling?

    I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?

    Thanks,



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