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  • m1801b
    09-10 01:26 AM
    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can�t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?





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  • fasterthanlight�
    05-16 03:44 PM
    Thanks k-unit, fasterthanlight is fine :)





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  • thakkarbhav
    08-10 12:51 PM
    Embassy of the United States of America in Manila (http://manila.usembassy.gov/wwwh3023.html)





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  • Blog Feeds
    10-26 11:40 AM
    The last few months have been extremely challenging for H-1B applicants as the Department of Labor iCert program for filing Labor Condition Applications has proven to be deeply flawed. Gone are the days of instant LCA approvals. Now, applications routinely take at least a week to approve and a high percentage of applications are being rejected because of problems with the DOL software. Frequently, applicants need to file an application immediately to remain in status, but USCIS requires an approved Labor Condition Application be included with the application. The USCIS' Ombudsman has weighed in recommending USCIS revisit that policy. Instead,...

    More... (http://blogs.ilw.com/gregsiskind/2009/10/ombudsman-recommends-uscis-show-commonsense-when-handling-h1b-cases-with-lca-problems.html)



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  • muralip
    07-11 09:28 AM
    My attorney want's to file my I-485 now to have a receipt that it is filed and sent back by USCIS. This shows up that I was capable of filing in July but I could not because USCIS did not accept on the last minute.

    The Idea behind is that it will give advantage to my application if AILF wins the case.

    Please let me know is this a good thing to do at this stage.





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  • Macaca
    12-07 10:47 AM
    Tax, Spending Issues Frustrate Democrats (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/07/AR2007120700423.html) By CHARLES BABINGTON | Associated Press, December 7, 2007

    WASHINGTON -- Cracks are emerging in congressional Democrats' solidarity, as frustrated lawmakers concede their majority status is not enough to overcome Republican resistance on taxes, spending, Iraq and a host of other issues.

    The fissures, which became obvious this week, are undermining Democrats' hopes for several key achievements this year. They also point to a bruising 2008 election in which Democrats will say Republicans blocked prudent tax and spending plans to score political points on immigration and other hot-button issues.

    Republicans say they simply want to prevent higher taxes of any kind, even if the targets are not-so-sympathetic groups such as oil companies and hedge fund managers.

    After 11 months of insisting that all major programs be paid for with tax increases or spending cuts elsewhere, Senate Democratic leaders acknowledged Thursday they cannot persuade enough Republicans to join them. Majority Leader Harry Reid, D-Nev., reluctantly allowed a vote on a long-debated middle-class tax cut that would add billions of dollars to the deficit because it is not offset elsewhere.

    The measure, which the Senate approved 88-5, would prevent the alternative minimum tax from hitting about 25 million more taxpayers, at a cost of about $50 billion to the U.S. treasury next year. Reid's decision puts the Senate at odds with the House with two weeks left before the holiday recess.

    House Democratic leaders still insist on a pay-as-you-go policy, or "pay-go," which they made a centerpiece of their governing principles in January.

    Reid told reporters Thursday that Senate Republicans have used their filibuster powers to block Democratic efforts to change Iraq policy, move a farm bill and pay for the proposed one-year "fix" to the alternative minimum tax. He especially complained about Republican demands to offer farm bill amendments dealing with state drivers licenses for illegal immigrants.

    "We've tried everything we can to address these issues," Reid said, citing 57 GOP filibuster threats this year.

    "We have lived by pay-go," Reid said regarding the tax bill. "But what we want everyone to know is that we have tried every alternative possible."

    He acknowledged handing a political dilemma to House Speaker Nancy Pelosi, D-Calif. The House earlier passed an AMT bill that would raise $80 billion in new taxes, largely on investors and hedge fund managers.

    "I admire the speaker" for adhering to the pay-as-you-go principle, Reid said. He added, however, she "has a little more flexibility from a procedural perspective than I do."

    Reid's decision will force a pivotal decision by House Democrats: Should they infuriate millions of voters by leaving the AMT unchanged (and hope Republicans get blamed), or abandon the pay-go promise and possibly rely heavily on Republican votes to pass a bill that splits Democrats.

    "If we waive pay-go on this, I think it opens the door" to further actions that would raise the deficit and "border on criminal irresponsibility," said Rep. John Tanner, D-Tenn.

    Meanwhile Thursday, congressional Democrats said they face an uphill battle in trying to overcome Senate GOP objections to a House-passed energy bill. Republicans particularly oppose the proposed rollback of $13.5 billion in tax breaks for major oil companies.

    "You can't tax your way to energy independence," House Minority Leader John Boehner, R-Ohio, told reporters.

    If the Senate cannot overcome the GOP-led resistance, Democratic senators said they may have to jettison provisions important to many House Democrats: the tax provisions and requirements for greater use of renewable energy such as wind, solar and biofuels.

    House Ways and Means Committee Chairman Charles Rangel, D-N.Y., said such a move would be difficult for the House to swallow. "The tax part is just as important as any other part" of the energy bill, he said.

    As for the Iraq war, congressional Democrats on Thursday sent their strongest signal yet that they are resigned to providing additional funds without forcing President Bush to alter his policies. The plan is virtually certain to divide House Democrats. Like the AMT legislation, it may require significant Republican support to pass.

    Democrats, who sometimes seem incredulous at their inability to budge the GOP on tax, spending and war issues, say Republicans will pay dearly at the polls. "There is a sense they are digging their own grave," Sen. Charles Schumer, D-N.Y., said.

    Some Republicans agree there is a risk in repeatedly blocking Democratic-crafted bills, especially if the chief beneficiaries appear to be big oil companies or wealthy investors.

    "The strategy is to lay low and then blame them for not getting anything done," Republican Rep. Ray LaHood of Illinois said in an interview. "The truth is, we all lose."

    "We trash each other and end up making the institution look bad," LaHood said. "That's why Congress' approval ratings are so low."



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  • jchang
    04-20 07:44 PM
    So I'm in need of an answer for my parents.

    They have their green card and have been out of the United States for a little less than 6 months now visiting their homeland. They will be returning in a week but due to a medical circumstance that has happened with my mother overseas, she would need to go back to their homeland so she can acquire her medications and chemotherapy there. What is the minimum amount of time they would have to stay here in the United States until they can go back to their homeland?

    I know you can stay out of U.S. for no more than 6 months or their green cards make be revoked, I understand that part but I'm curious if there is a minimum amount of time they'd have to stay here in the Unites States before they can go back overseas so it doesn't look bad when they go through immigration.

    Thanks!





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  • logiclife
    07-17 04:25 PM
    Send me an email at jay@immigrationvoice.org and info@immigrationvoice.org, with subject line "Seeking legal opinion".

    We will take up this questions during the conf call with immigration attorney that we are planning to hold soon(probably July 21st) for free legal advise to IV members.



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  • Blog Feeds
    02-15 09:20 PM
    British-born Stan Brock is the founder of Remote Area Medical (RAM), a non-profit health care company that has helped organize volunteer physicians, eye doctors, dentists and support staff to set up weekend-long events in large venues that offer vital health care services to the poor and uninsured. RAM has hosted 581 events and treated more than 500,000 people with the volunteer services of 45,000 health care professionals. According to Business TN Magazine: RAM is largely supported by small donations, and volunteers pay their own travel, lodging and food expenses. While many patients seen at these events are local, it's not...

    More... (http://blogs.ilw.com/gregsiskind/2010/02/immigrant-of-the-day-stan-brock-health-care-hero.html)





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  • vxg
    10-12 02:29 PM
    I am listening to the call. Debra Rogers from USCIS stated:
    1. Approx 300 k EB cases received in Jul AUG.
    2. All Family based cases entered and receipts issued.
    3. All EB based AOS applications will be entered and receipts issued by End of this month.



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  • imconfused
    07-02 10:51 PM
    everyone here talks abt geting GC asap.. even though most of us are swearin at the USCIS/DOS whtevr, deep down we all want GCs. but after thi sJuly VB, do u have faith/trust in the system now? assume that they accept our application and what if they give out GCs 2-3 yrsfrom now, what makes u think they cant come back and say it was a mistake and u have to give ur GC back?

    If they can do what they did today, and get away with it, they can do anything. its no differnet from Telgi scam/Laloo gobar/chara scam, so many scams in india. they get away once, they get away again. the middle class/average/educated tax payers like us suffer.





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  • yabadaba
    06-20 08:07 AM
    guys who have already filed 485.

    Do u know if its possible to schedule an earlier fingerprinting date? can we just walk to a ASC with our appointment letter and get our fingerprinting done?



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  • kds
    01-19 03:09 PM
    Hi,

    I joined Company A in Oct 2008 and company A applied for my Perm Application in Jul 09. I joined another company in Oct 09 and now i want to join Company A again. can i use the same PERM application or do i need to file a new PERM application. I job description and title is going to be the same. Do i need to transfer my H1B again to Company A. Please help me with these questions.





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  • Blog Feeds
    05-17 12:40 PM
    The Los Angeles City Council has approved a measure barring city workers for traveling to Arizona on official business and also banning the city from contracting with Arizona businesses. Some contracts for key infrastructure items are not affected, but the LA Times estimates that the vote will cost Arizona upwards of $8 million per year. The biggest contracts not affected are those involving the airport and sea port. But the civilian panels overseeing them are considering canceling contracts worth $26 million. On Monday, Boulder, Colorado will vote on a similar measure. San Jose votes next month.

    More... (http://blogs.ilw.com/gregsiskind/2010/05/los-angeles-approves-arizona-boycott.html)



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  • anishNewbie
    09-06 06:41 PM
    Attorney/Members..

    Please help me out here..





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  • fide_champ
    05-22 03:27 PM
    Hi Friends,

    I have approved I-140 (PD Sep,2007) but recently my H1 extension was denied so had to come on H4, so now what will happen to my GC, do I have to start from scratch OR my I-140 is still valid once I come back on H1 (with different employer).
    Please respond

    why was your H1-extension denied? If your employer supports, you can still file I-485 but he has to hold on to it till the date becomes current.



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  • Krilnon
    04-01 01:12 AM
    ahmed! I think this Dr. must really know what he's doing. :beam:





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  • semiGator
    12-06 02:24 PM
    Have you ever been refused access to the room where your client was being interviewed by USCIS? Have you ever been told that you are not allowed to speak while ICE questioned your client? Has CBP ever refused to allow your client to call you during a complicated secondary inspection?

    AILA and the American Immigration Council's Legal Action Center are undertaking a nationwide outreach effort to gather information about procedures and trends encountered by attorneys when providing representation to clients during various types of interviews with DHS agencies. The scope of this survey does not include right to counsel issues in the EOIR context. Please take a moment to complete this survey, which is designed to provide AILA and the American Immigration Council with an overview of your experiences.

    To take the survey, visit Right to Representation Before DHS Survey (http://www.aila.org/content/fileviewer.aspx?docid=33195&linkid=223447)





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  • dil_ip3
    04-07 02:50 PM
    I am an employee in a TARP company and according to the company rules, I must be given a notice (of 2 months) before being Fired/laid off. I was hired on H1-B and the company has processed my I-140 and waiting on my priority date getting Current.

    My H1-B has to be extended now and the company's lawyers say they have not yet decided about their policy on H1-B extensions. It is expiring in the last week of this month and they have not filed yet nor they say they won't file.

    According to the rules, can they just say that they will not be filing my H1-B extension as the company policies have changed? But I am still an employee, and this way I will not be given my notice period. Any suggestions please.





    ups
    06-15 01:27 PM
    I find the posts where people get layoff after 6 months and use AC21





    ashatara78
    09-14 01:06 PM
    We got something similar. I have seen other posts in the forums but can't find them now. I would suggest you go for the fingerprints/biometrics and be done with it. Don't give them an excuse to actually implement "if you don't show up, your application will be considered abandoned".



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