Sunday, June 26, 2011

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  • Gigantic697
    10-12 01:29 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest





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  • ssss
    09-18 10:36 PM
    AFAIK if your Perm is approved then you can do premium processing of I-140 and get H1 extension after 140 is approved
    I have already moved to company B. Have an i-140 approved from company A in 09/2006. Now that my 6 years are over in 5 months, waiting for Fragomen to determine appropriate strategy for extension since new Perm has not been pending for 365 days. Anyone have experience with extending H1 using company A I-140 when with company B?





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  • ash0210
    11-09 12:36 PM
    In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?

    "Premium GC processing" will work as follows:

    Pre-processing Condition/Base Rules:
    If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....

    ...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!

    USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..

    Premium Paid GC - Few base Rules:
    Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:

    1. Pre- adjudicated:
    Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability

    2. Income Tax & W2�s:
    Applicant pays Income Tax, files W2�s for say 3-4 years

    3. EAD�s more than 3:
    I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years

    4. Check Legal entry in USA:
    Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA

    5. Security Threat/Name Check:
    Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?

    6. FP:
    Finger Printing at least once (NOT over by 15 months etc..)

    7. Biometric:
    I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time

    8. H1B/H4 extensions:
    I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)

    After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.

    Look guys, this is a capitalist country & we have to pay few $$$'s to USCIS instead of spending them on EAD's & AP's extensions for next couple of years (usually instead of year, its turning out to be 8-9 months!)

    Do IV core group/IV members wants to amend or add more Base rules, including $$ price for Premium GC processing?

    I am sure Dems will consider these options as they have to prove that its NOT nothing doing congress!!

    Needs further brain churning to suggest "firm-up" suggestions to Dems/Congress...!!





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  • Gravitation
    07-17 04:37 PM
    http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html



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  • uslegals
    11-04 03:15 PM
    radhay - i have sent you a PM. I would appreciate it if you can please respond.

    Thank you!





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  • Prashanthi
    10-20 04:54 PM
    Try to file for a change of status from H-1 to H-4, include the hospital records and letter from the employer that your wife is on maternity leave, see what happens. If that does not work then you can think of leaving for a visa, you will not be barred for 10 years as you have not accrued unlawful presence, this is only accrued if your I-94 expires or the USCIS determines that you are out of status. However, going outside the country is risky as you may not get a visa and may get stuck outside the country. I would try to do the COS first.



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  • mohitb272
    03-19 11:47 AM
    Gurus,
    I am writing on behalf of a close friend who is too worried to write it for himself.
    Case:
    He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.





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  • yagw
    03-16 11:49 AM
    I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.

    Does that affect my GC status in any way?

    If this topic has been discussed earler, pl. point me to a correct thread.

    Thanks,

    If the company will cooperate with your Attorney in the paper works needed, for any potential RFEs, I don't see a problem. Make sure your Attorney (either your personal or current GC sponsoring company) gets RFE (updated g28 etc).
    Also they might ask for copies of your tax returns...

    DISCLAIMER: I am not an Attorney and this is not a legal advice



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  • caydee
    06-15 02:16 PM
    Will continue contributing at least till guys stuck in the backlog centers get to file their I-140s.





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  • BharatPremi
    11-06 12:21 PM
    http://immigrationvoice.org/forum/showthread.php?p=192506#post192506



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  • dc2007
    07-25 10:55 AM
    I didn't find what I am looking for.

    I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.

    So, I am thinking to file myself.





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  • beautifulMind
    10-08 01:01 PM
    Anybody else know more on this topic

    Thanks



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  • getrdone
    11-12 02:51 PM
    http://mexico.usembassy.gov/eng/evisas_third_country.html





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  • mayurcreation
    01-13 01:37 PM
    Thanks Raj for your reply.

    - Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?

    - Can I file my 485 with pending answer on I-140 amendment?



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  • danu2007
    08-03 05:34 PM
    My I-140 is approved.

    But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?





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  • delhirocks
    03-30 04:00 PM
    Double check with Halifax, as far as I remember Halifax does not entertain 3rd country nationals. I went through this when I was in Boston. Based on my research at that time (2003), I conculded the only options I have available are Montreal & Toronto (I went to Montreal).

    Things might have changed since then.



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  • ruchigup
    08-15 12:42 PM
    I am sorry to hear that....

    This below ruling doesn't apply in virginia but this might give you some pointers to fight in case your employer sues you.

    http://arstechnica.com/news.ars/post/20080808-california-supreme-court-strikes-down-noncompete-clauses.html





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  • chanduv23
    02-14 03:58 PM
    We want widespread support from all Physicians.
    If you are a resident, fellow, preparing for USMLE, practicing, j1 waiver everyone, please join the IV Physicians group. We need a lot of support for this bill.

    Please spread the message and get your organizations to participate actively in this campaign.

    Please post you pledge for support on this thread





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  • Enebreus
    02-09 10:00 AM
    Hot damn, that was an exciting finish!!!

    Thanks to everyone that voted for The Swarm. Your bribes are forthcoming :P

    Congrats Iamtheuggler... I'll get you next contest ;)





    anilsal
    12-20 09:47 AM
    Stephen Colbert on comedy central has turned out to be one of the most influential persons in the media. Along with Jon Stewart, Stephen is supposed to be one of the influencers of young minds for the last congressional elections.

    I am not sure if he has really taken any stance on legal immigration. I am confident that it is favorable.

    A question is whether IV has really approached Stephen. Lately, I saw Jack Welch on the show. Apparently, every congressmen who appeared on Colbert's show has won the last election.

    Here is a thread on comedy central I started on this.
    http://www.comedycentral.com/shows/the_colbert_report/message_board.jhtml?c=v&t=3456

    I am damn sure that a lot of law makers (or their staff) enjoy Stephen's antics.





    eilsoe
    10-22 04:26 PM
    Ah, where the gals are dressed up as whores (or something) right?