STAmisha
11-17 12:51 PM
My lawyer thinks they have not even started looking at TR applications.
He told me that he will file RIR conversion. What exactly is the procedure?
He told me that he will file RIR conversion. What exactly is the procedure?
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continuedProgress
01-03 11:21 AM
YOU: If thats a valid visa until 2009 you can travel without AP. Else, you can travel but will need H1 stamped.
YOUR WIFE: If she needs H4 stamped, she can get that done and re-enter.
If your travels are not urgent you could wait for AP and save couple hundred bucks!
YOUR WIFE: If she needs H4 stamped, she can get that done and re-enter.
If your travels are not urgent you could wait for AP and save couple hundred bucks!
semiGator
01-07 09:38 AM
Not sure if this help, but... http://www.uscis.gov/files/pressrelease/Public.pdf
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karthic
12-19 08:26 AM
Hi a_yaja,
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
more...
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reachag
06-22 06:50 PM
This has been the practise for quite some time.
adde72
07-17 06:05 PM
Does this mean that we have to file I-485 before August 1st?. From August 1st, the August visa bulletin is effective and all the EB category dates are U.:confused:
You can file until Aug 16 .However from July 30 , you have to pay new feess..Better apply before July 30 and contribute to IV
You can file until Aug 16 .However from July 30 , you have to pay new feess..Better apply before July 30 and contribute to IV
more...
GoneSouth
04-18 05:52 PM
Contact the federal elected representative in your employer's district. If they are not immigrant friendly, try the elected representative in your district (if different). There is a congressional liason inquiry process that can be leveraged to expedite your LC application. My application was pending for 8 months with no new status from DoL. I contacted my employer's congressman, explained the situation, and supplied a letter from my attorny, and my LC was approved within 3 weeks.
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linuxra
09-28 08:20 PM
waiting for reply from any of u guys...pls...
more...
justAnotherFile
07-17 08:12 PM
Thank you Emilio, for admitting the shortcomings and correcting the wrong.
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gneerajg
07-27 02:03 AM
Hi,
I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not
Neeraj
I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not
Neeraj
more...
bobsmith
07-30 05:00 PM
Any comment?
http://thehill.com/leading-the-news/specter-has-new-immigration-package-2007-07-27.html
Specter has new immigration package
By Elana Schor
July 27, 2007
The Senate Judiciary Committee�s senior Republican said on Thursday that he is on the verge of offering a new immigration reform package, making significant changes that could win over recalcitrant members from both parties.
Sen. Arlen Specter (Pa.), who accompanied President Bush Thursday on his visit to Pennsylvania, said he has spoken to Bush and the two Cabinet members who have led immigration talks about his new bill. Specter also told reporters that he has spoken to most senators involved in this spring�s failed �grand bargain,� outlining his plan and appealing for a restart to the arduous immigration debate.
�I�m ready to unveil it now,� Specter said. �I�ve got letters to the 100 senators on my desk.�
Specter explained the new measure would omit the controversial �Z visa� program, which would have given the nation�s 12 million illegal immigrants a path to citizenship. Removing the Z visa would offer conservatives less opening to tag the bill as �amnesty.� But he would leave intact the family reunification standard that this spring�s defunct immigration bill partially replaced with a skills-based system.
The lone change in the status of the 12 million, Specter said, would be removing their status as fugitives from justice, an attempt to diminish their incentive to remain outside the system and in fear of deportation.
Specter added that he already has met with �stakeholders� from outside groups involved in the complex immigration debate, and he plans to hold more sit-downs next week. Offering green cards to immigrants seeking employment in the high-tech industry is under consideration, he said.
http://thehill.com/leading-the-news/specter-has-new-immigration-package-2007-07-27.html
Specter has new immigration package
By Elana Schor
July 27, 2007
The Senate Judiciary Committee�s senior Republican said on Thursday that he is on the verge of offering a new immigration reform package, making significant changes that could win over recalcitrant members from both parties.
Sen. Arlen Specter (Pa.), who accompanied President Bush Thursday on his visit to Pennsylvania, said he has spoken to Bush and the two Cabinet members who have led immigration talks about his new bill. Specter also told reporters that he has spoken to most senators involved in this spring�s failed �grand bargain,� outlining his plan and appealing for a restart to the arduous immigration debate.
�I�m ready to unveil it now,� Specter said. �I�ve got letters to the 100 senators on my desk.�
Specter explained the new measure would omit the controversial �Z visa� program, which would have given the nation�s 12 million illegal immigrants a path to citizenship. Removing the Z visa would offer conservatives less opening to tag the bill as �amnesty.� But he would leave intact the family reunification standard that this spring�s defunct immigration bill partially replaced with a skills-based system.
The lone change in the status of the 12 million, Specter said, would be removing their status as fugitives from justice, an attempt to diminish their incentive to remain outside the system and in fear of deportation.
Specter added that he already has met with �stakeholders� from outside groups involved in the complex immigration debate, and he plans to hold more sit-downs next week. Offering green cards to immigrants seeking employment in the high-tech industry is under consideration, he said.
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Totoro
05-18 07:23 AM
Probably he is talking about the conditional green card one gets after marrying a US citizen
If I understand right, you only jeopardize your chances if you divorce within 2 years. Another option is separation. And of course there is the third option, and that is to try and work it out with her husband.
If I understand right, you only jeopardize your chances if you divorce within 2 years. Another option is separation. And of course there is the third option, and that is to try and work it out with her husband.
more...
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cdeneo
01-05 03:56 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
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va_dude
01-29 10:21 AM
I'm a bit confused too.
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?
Are you guys also Jul/Aug 2007 filers?
-va_dude
more...
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doggy
10-26 01:40 AM
Huh??
I'm just curious. How will the driver read "No right turn on red"? There is no sign for that.
I'm just curious. How will the driver read "No right turn on red"? There is no sign for that.
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ImmiLosers
12-23 09:11 PM
I joined another employer on H1b this May. I did not use my EAD since I wanted to maintain my H1 status. My employer is willing to support my I485 but I have not informed the USCIS about my change yet.
What does that mean? Have you used AC21 or it is not necessary.
Secondly, what about the job description match up?
What does that mean? Have you used AC21 or it is not necessary.
Secondly, what about the job description match up?
more...
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chanduv23
10-19 01:12 PM
I am from Long Island. I am a name check victim. What can we do? Where and when can we gather?
I have been looking for some help in mobilization in your area - lets discuss this offline.
Send me your contact details and time to contact as a private message and we can discuss further steps.
I have been looking for some help in mobilization in your area - lets discuss this offline.
Send me your contact details and time to contact as a private message and we can discuss further steps.
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JunRN
08-09 02:57 PM
My gully, I should have issued personal cheque instead of asking the atty. to use his cheques. I could then saved the trouble of asking the atty. everynow and then.
I still have 20 days left before I could get my RN based on the rate of receipting recently.
I still have 20 days left before I could get my RN based on the rate of receipting recently.
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indianindian2006
08-20 07:44 PM
I am a July 2nd filer but my PD is April-20-2006 if that matters.
RD -07/02/2007
ND-08/08/2007
Still waiting...........
RD -07/02/2007
ND-08/08/2007
Still waiting...........
theMan
02-26 08:21 AM
Aristotle, I think as a Non Resident, you are not eligible for Standard deduction. Again, OP you questions will be addressed better in the forum mentioned in my previous post.
rjgleason
June 2nd, 2004, 01:30 PM
A little update; I was asked to send some of these pictures to Sveriges Ornitologiska F�rening (main ornithological society), and the pics are now on their home page (http://www.sofnet.org) with a short story (http://www.sofnet.org/index.asp?lev=2125&typ=1) . No biggie, they accept user contributions, but flattering just the same. I can now sort of say I've been published! :) Maybe the link to my home page can lead to something (uhh, no pun intended).
You HAVE been published!!! Congratulations!!! And, I noticed that for all the pics on the home page, yours is ...BY FAR....THE BEST!
You just moved up a notch (or two) on that mountain you are climbing. Great Anders!
You HAVE been published!!! Congratulations!!! And, I noticed that for all the pics on the home page, yours is ...BY FAR....THE BEST!
You just moved up a notch (or two) on that mountain you are climbing. Great Anders!
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