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  • bheemi
    03-15 11:05 AM
    Hi,
    I dont think anybody pushing forward about this issue..Filing of 485 during retrogression..
    Immigration Voice :
    Is there any scope any where to add this to current bill...are our immigration voice working towards this issue at all...if so can you pls let us know what you are doing for this issue..because I did not see anywhere updates from immigration voice ..or any ammendments on this issue..




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  • pappu
    03-17 03:53 PM
    Some recent news from USCIS.

    ======================================

    H-1B Cap Exemptions Based on Relation or Affiliation

    Released: March 16, 2011

    USCIS - H-1B Cap Exemptions Based on Relation or Affiliation (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2eb0652c630ce210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.

    Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.

    Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.

    USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.

    The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.




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  • roseball
    02-20 04:14 PM
    Thanks for the replies, I appreciate the time.
    When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.

    My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.

    Thanks for the insight.

    Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.




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  • leoindiano
    08-03 05:44 PM
    The USCIS has indicated that it plans to reconcile the second A number for each I-485 applicant with the previously-issued A number.

    That is the key. Reconciled cases will have no problems.



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  • sasidhar79
    09-16 03:09 PM
    To all IV members please sign the online petition to drop Lou Dobbs and make this country more progressive.




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  • chessboard
    12-08 03:14 AM
    congratulation to all winner... especially to winner who use the "stargate" background and put the text only...

    nice contest.....



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  • neodyn55
    07-30 01:57 AM
    "Funny reply:
    Way to use your reproductive system to get ahead in line bro? If your father had had this idea, you wouldn't be here on these forums, but surfing on laguna beach with a cold martini and semi white chick.
    another way of saying.. "stand in line & wait your turn""


    *I've* done that. Maybe you guys need to get out more :p




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  • indyanguy
    03-18 07:37 PM
    What is the reasonable time to wait for the approval of I-140 (EB3, NSC) before contacting the senator's office?

    Mine has been pending for 8 months now.



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  • LostInGCProcess
    08-26 01:20 PM
    Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.


    Well, that was precisely my question...and I think your example fits perfectly with my scenario.

    My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.

    She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.

    So, Little_willy, is it okay???:confused:




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  • desi3933
    08-25 01:01 PM
    Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.

    There is one more thing you should consider -

    One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.

    _________________
    Not a legal advise.



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  • priti8888
    07-13 02:53 PM
    business casual should be fine. We are an educated community.We need to show class.




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  • Rune
    August 27th, 2004, 01:12 AM
    Here in Europe the biggest problem is ATMs that has been modified. The most simple modification is a simple loop inserted into the slot that tries to fool its victims into believing the machine ate their card. In addition a helpful person will appear and tell the victim that there's a secret code to be keyed in (999 + personal pin code) to make the machine spit out the card again...

    Then they upped the stakes a bit. Today's con-person installs a small card reader at the ATM's slot. In addition there's a small camera (here's the relevant bit) that take pictures as people enter their code. This has been used and such equipment has even been recovered in atleast one case.

    As for someone looking over your shoulder in the store, and perhaps even snapping a picture of it... Well, lets just say you don't want to leave your card out of sight. Don't assume your card is worthless plastic in someone else's hands.

    We card users are basically using yesterday's (actually: last decade's/century's) technology to access our money while the countless villains out there are armed with today's technology. We're sitting ducks.

    The card companies are reluctant to tell us this, but eventually as they roll out new technology (smart cards with bio-signatures) it will become blatantly apparent to everyone. Here in Norway they're scheduled to do this over the next year I think.



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  • gcformeornot
    04-07 01:01 PM
    AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)




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  • gcformeornot
    04-06 02:07 PM
    For those who have Labor Sub and used AC21 to port employer....read on...

    The Insightful Immigration Blog � Commentaries on Immigration Policy, Cases and Trends (http://cyrusmehta.blogspot.com/)



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  • Googler
    02-17 07:52 PM
    See more discussion here (http://immigrationvoice.org/forum/showpost.php?p=224161&postcount=211).




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  • Hermione
    09-27 11:09 AM
    Is there anyway we can help the family featured in this thread? Like helping them with funds to hire a good lawyer or something on those lines? Reading all the threads, I am somehow thinking of going for the Indian dream now (Yes, I have the Indian citizenship)!!! 6 years and my wife still does not know if she can live in this country or not!!!

    Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.

    The article itself is pretty good, though.



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  • psam
    12-15 08:49 PM
    I am the same boat. My wife got her card wheras I got a response to the SR we raised that my card was sent the same day as my 485 approval notice and it might been lost in mail. I was asked to file I-90. I called customer service several times and talked to 2nd level IO and all suggested to file I-90. I took infopass but gave a shot again by talking to 2nd level IO who went over my case and said that my card was never created so she raised a SR.

    My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90

    I had same experience. Various customer service rep told me that my card was indeed sent. I think they go by email notications or by status changes to our I-485 application. It goes through "Card Production Ordered" and "Post decision activity" even when there is problem with card production. Its only when they look in some other system, they find that there was a problem with card production.




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  • pdakwala
    06-26 12:12 PM
    The senate just voted on the cloture motion. The motion is agreed to and the bill proceed further. The bill got 64 yes and 35 no. The senate majority leader Reid of Nevada is expected to choose the "clay pigeon" option.

    The option will give the expedite passage of this bill from the Senate.

    Pratik




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  • hopeful08
    04-21 12:29 PM
    Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.




    Sakthisagar
    10-14 03:59 PM
    here are the links...

    View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=1615-AB82)

    View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1615-AB82)




    asphaltcowboy
    05-27 10:31 AM
    it's gotta be Soul's... the worst thing is the flippin' page transitions! I'm growing old waiting for them! congrats to everyone with a **** website

    ;)



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