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  • Zee
    06-14 07:47 AM
    Looks like CIR has a rough road ahead:

    From immigration-law:

    06/14/2006: AILA Reports Anti-Immigrant Calls to Congress Outnumbers Pro-CIR at 400:1

    * AILA has reported that immigration restrictionists are flooding Congressional phone lines and email inboxes with angry demands that their Senators and Representatives vote against any legislation that provides a path to citizenship for undocumented immigrants. Their calls for an enforcement-only immigration policy are reportedly louder and more aggressive than ever and there are 400 of them for every 1 call from proimmigrants. AILA is concerned that the 400 to 1 intensity of the opposition to comprehensive immigration reform (S. 2611) is expected to crescendo into the November elections, making it a likely voting issue at the polls.
    * Considering the fact that most seats in the House are up for grab in the November election, these anti-immigration forces pose a powerful threat and road block to meaningful enactment of comprehensive immigration reform legislation.
    * These anti-immigration forces also appear to use a strategy to weaken the pro-immigration forces by inducing the immigrant community more and more divided between the legal and illegal immigrant communities and pushing them further and further antagonistic each other by spreading rumors that illegal immigrants would take away employment-based immigrant quota from the legal immigrants and the legal immigrant community should oppose the comprehensive immigration reform legislation as passed by the Senate. "Divide and Conquer" strategy appears to work for these immigration restrictionists.




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  • jtp_redson
    02-18 11:07 PM
    Hi,

    I am an International Student from India currently on F1 and in the year of 2008. I was offered an internship through my thesis advisor's reference which I accepted. I worked from 15th September 2008 to 31st December 2008. Naturally as I was on F1 I did not know all about the tax, immigration and other laws. So I got an authorization from school for that internship and received a new I-20 (CPT) with that employer's info on 3rd page of it. I worked full time and I always had an impression I was an employee(trust me I did not know any difference between W2 and 1099 that time). I was working in the company and not anywhere else.

    The problem arose when in 2009 I got a 1099 MISC instead of a W2. As I did not know about it, I did not complain and I filed my taxes correctly and got my refund. If I knew, they were going to give me 1099 MISC then I would not have accepted the offer. Starting 2009 I was on payroll (W2) and this year(2010) I got W2 for 2009.

    So my question to you guys is
    1. Was I out of status during the time of 1099 MISC? (I did not intentionally engage in 1099 MISC as I was unaware of it)
    2. As the internship was authorized by DSO (in turn Department of Homeland Security) as I received a new I-20 mentioning the employer's info. Did I do anything illegal?
    3. If in future, I apply for a H1B/Greencard through an employer(same or different). Would this incident hurt me and may cause denial of I-485?

    Any help would be greatly appreciated.
    Thanks,
    Jay




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  • Blog Feeds
    07-20 04:00 PM
    The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. As of 07/16/10, USCIS receipted 30,154 petitions, toward the 47,000 beneficiaries target for the second half of the fiscal year. This count includes 28,539 approved and 1,615 pending petitions.

    There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.

    The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
    * Recurring seasonal need;
    * Intermittent need;
    * Peak-load need; and
    * One time occurrence.

    The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.





    More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)




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  • needhelp!
    10-13 12:45 PM
    at 4..



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  • Bpositive
    02-01 11:55 PM
    Got a 221g (pink) from Chennai consulate because I have a Phd in biology. After almost 4 weeks the status on the website was updated to 'submit passport'. I have a couple of questions. If anyone who has gone through a similar situation, can answer, I would very much appreciate it..

    1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.

    2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?

    Please...appreciate responses from those who have gone through this themselves..

    Thanks. Man..this has been an ordeal....




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  • mrajatish
    09-14 08:45 AM
    1. Will your company keep your 140 alive? Meaning, will they withdraw it - I know a lot has been said about 140 PD being yours once approved and blah blah, but no one seems to report that they have successfully ported their 140 date to a new 140 application. This is strange but true. So I will make it doubly sure with my company.

    2. Uscis might ask why your company is sponsoring two 140s for the same individual - your company should be prepared to answer that. This is exactly why my company refuses to reapply for the GC process for the same individual (it really raises a question of intent). Again, can be done, but needs full support from company


    Rest should be ok.



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  • rpatel
    09-18 09:40 AM
    The story goes some thing like this....

    My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
    By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...

    Now my questions:

    1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?


    2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?

    Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou




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  • kolantiIV
    03-24 10:34 AM
    thing to read.



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  • mzafar125
    11-12 11:56 AM
    bump




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  • pd_recapturing
    06-22 09:45 AM
    Hi,
    Does anybody know as to how long it takes to receive the H1B receipt # when its being processed in premium processing?
    Thx



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  • chanduv23
    09-16 11:15 AM
    The only way you can appreciate this effort is by just participating in it.

    Come on friends - lets show all our support. IV needs your support for you to win




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  • newlab
    06-02 03:36 PM
    Hi Dolicus & Sanjay02,
    I got the same case status update online. Could one of you please let me know what this means?
    1) were you asked to go through an interview? or
    2) is it for speed processing of the application.
    Thanks.



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  • ras
    04-12 07:27 PM
    I don't remember the amount of fees submitted while filing I 485. However the filing was done after the July fiasco (Aug 2007). so whatever rates were applicable after Jul 2007 that must have been the fees that has been sent.

    So in that scenario, is it just okay to send the AP application with out Fees?

    How are you July Filers applying for AP? Are you sending in the check for the AP fees too?




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  • onemorecame
    10-22 10:15 AM
    I got approved on Oct 20, 2010, after EVL RFE



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  • rdx0
    01-11 04:12 AM
    I probabably know the answer of this question but would still like to confirm, just to be sure:

    - First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
    - First Visa valid from Jul 2004 to Sep 2006
    - 1st US Entry Date from Aug 2005 till present date
    (been to india in Dec 2007 for 1 month for visa stamping)
    - First i-94 valid from Aug 2005 to Sep 2006


    -Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
    -2nd Visa/I-94 valid from Dec 2007 to Jan 2009

    My questions?

    1. Can my H1B Visa be extended again? This will be my 2nd extension.

    2. Till what Date can be extended?
    a. Jan 2010 (6 yrs from 1st I-797)
    b. Jul 2010 ( 6 yrs from 1st visa stamping)
    c. Aug 2011 (6 yrs from 1st US entry)

    Thanks a lot !




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  • mmrao2007
    06-14 02:56 PM
    What happens after the I-485?

    I guess I-486:D

    Or Take I 85 North on next Exit



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  • cjain
    07-23 04:17 PM
    bump




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  • sac-r-ten
    05-27 07:49 AM
    Is there a option of adopting here in US for EAD or H1B?

    thank you.




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  • gcslave
    07-08 05:30 PM
    I didn't get an email, but I checked my case status online and it has changed to Decision today. Waiting to get the snail mail. Hopefully, it will move to card production ordered soon. My wife has a FP appt on Jul 15, so I wasn't expecting to get approval before that, but I guess sometimes the surprises are pleasant.
    PD - Mar 21, 2005




    gcnirvana
    05-03 05:46 PM
    All,
    I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.

    My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.

    Appreciate your help

    Your passport should be valid atleast 6 months from the date of stamping. So I think you should be okay. Also, its better to apply for a new passport 6 months before your old one expires. And once you get your new passport you'll have to carry both your new and the old ones as your old one will have the stamping till July 2010. Hope this helps!




    GCchaos
    10-27 09:08 AM
    That's the most surprising part:-).
    Probably they need to validate my H4(my current status in US) based on his
    H1 validity.
    But thank God,my woes r over now,as I got my approval today.
    But the applying for SSN woes r going to begin soon.
    Thanks for ur replies.

    Regards,
    Kiran.



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