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  • iwantgc
    05-08 10:47 AM
    Hello all and Pappu, thank you all for your response. I will take Pappu's advice as far as what to discuss with them plus my family's concern, my husband who had to be away from me for straight two years has returned to US and been hopeful to get a work permit through my GC process.

    I am planning to return a call to the office of congressat 12 noon mountain time, im in Nebraska. I will keep in touch with IV core members after then.





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  • Maverick1
    08-13 11:25 AM
    If you were born in the USA, there is no way to reject US Citizenship. Even after you take up Indian passport and citizenship, you can come anytime to the USA flash your birth certificate and then get a US Passport.

    Did you mean , "you can't loose the citizenship for ever , and get it back if you want to" ? One can renounce the citizenship (of USA) if they wish to.





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  • gman
    07-29 02:55 PM
    What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.

    Are you looking for specific language? How was similar defined from your attorney?

    Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:

    SYSTEMS ANALYST

    JOB DESCRIPTION:

    Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.

    JOB REQUIREMENTS:

    1. Bachelor's degree in Computer Science.
    2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.


    The new job is: Director of Software Development

    • Execute the company’s technology architecture and strategy.
    • Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
    • Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
    • Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
    • Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
    • Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
    • Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
    • Travel approximately 25% of the time to both in-country and international destinations.
    • Perform other duties as assigned by the VP of Software Development





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  • psk79
    05-30 12:20 AM
    My few cents.. I was well aware of this situation from my past.. When you first filed h1 with A in 2006 and got approved, it doesn't mean anything unless u started the job with A. So that 'overridden' stuff is WRONG.

    Basically u could continue with univ. as along as ur h1 is with them is valid.. then when u tried to transfer that old employerA's h1 to B, u are in GOOD status as u r working with the univ. However, the reason for using A is only to show uscis that u were counted against the CAP once before and u don't need cap for this new employment with B.

    Since the problem here is with B, you better get some more info on why it was denied. See if they can appeal or something.. I didn't know that employer has to be qualified? Do they mean this company doesn't have enough revenue to support u or something?

    Also there are different opinions on using employer A's h1 to transfer without actually working with A. Half the people say its not possible as u never worked for A and the other half say its fine as u were counted in CAP. B should have told you to wait until ur H1 was approved as this is a weird situation.

    Anyway, since u already left univ, u can try to go back to univ or atleast start with A. Once u go out of the country and get the visa stamped, you should be clear of any out of status issues I believe.



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  • Jerrome
    05-21 12:42 PM
    well i have not used AC21, jsut changed the employer, so you mean to say i have to send the letter from the employer who originally sponsered me? right?

    No you have to send AC21 with new EVL.





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  • kevinkris
    05-08 02:43 PM
    05/08/2008: Fashion Model Nonimmigrant Visa Reclassification and Relief Legislation Inching Ahead - 05/08/2008 Mark-Up

    * Currently, foreign fashion models come to work in the U.S. under the nonimmigrant visa classification of H-1B. A legislative bill , H.R. 4080, was introduced last December in the House to reclassify the visa classification from H-1B to P visas for artists and athlets. This morning, the House Judiciary Immigration Subcommittee is scheduled to debate 9:30 a.m. on this bill and it is expected that this bill will move ahead to the House floor. For the full text of the bill, please click the bill number.



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  • GKBest
    12-26 06:31 PM
    Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).

    Can you tell me more about your fight with universities in getting an instate tuition under H-4? My son have been a CA resident for the past 7 years and has studied in CA schools. Doesn't this qualify him for an in-state tuition? What documents does he need to present to the university to show that he is qualified?





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  • yabadaba
    08-14 01:07 PM
    you asked if you were missing something... i said yes you are. u asked for an explanation..so be it..and i put in a disclaimer...that what you were missing was anybody's guess



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  • ita
    06-17 02:33 PM
    Do u have to inform USCIS everytime u change job or just first time would be sufficient?

    Thank you.





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  • logiclife
    08-02 02:20 PM
    1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
    visa for company B), with proper H1B documents valid till 2009 from company
    C?

    No Safe as he will be questioned at port of entry

    2)Will there be questions at the port of entry ?

    A Lot
    3)Will there be any issues because of the 221(g)
    stamping in the passport (company B visa)?
    Yes.
    4)Any chance he wont be let inside U.S ?
    90%
    5)Can he show them the h1b approvals for company C ?
    No..as it will confusing for immigration officer with so many 797 forms.
    6)Any tips to handle the officer at POE?
    Can try with chinese or african-american.Little liberal
    7)If every thing goes smooth, will his new I-94 be
    valid till june 2009 (date on his company C petition)
    or just another 4 weeks (company A petition)?
    Just 4 weeks
    8)If by any chance if he is deported, will it affect
    his future prospects in the U.S?

    Yes.. He may not not reenter US for next 10 Yrs.

    I am Immigration Lawyer.Better Talk to the Attorney.

    You probably meant to say that you are NOT an immigration lawyer. Correct?



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  • EkAurAaya
    05-24 12:42 PM
    http://timesofindia.indiatimes.com/articleshow/msid-2072510,prtpage-1.cms

    Great immigration debate has Indians steamed up
    24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK


    WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.

    Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
    for the skilled immigrants lobby say.

    Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.

    "What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)

    According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.

    A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.

    Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.

    Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.

    Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.

    Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.

    To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.

    Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.

    So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.

    According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.

    If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.

    "Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"





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  • Templarian
    11-11 12:48 PM
    Where are the winners posted? It's already 11th !
    Remember the time zones. The contested only ended 7 hours ago (think I did that math right).

    Plus voting just started for the Judges. They will submit their votes for the top entries (usually top 10) and then the community will vote in the poll shortly after.



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  • andycool
    08-28 06:49 AM
    Any one get refund from USCIS ??
    I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.

    any one sent letter for refund before ? do we have any form for refund ?
    How this will work out ?

    I dont think USCIS will issue refund ....





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  • ilovestirfries
    10-01 02:10 PM
    Thanks people...Hearing from people caught up in similar scenarios, at least, gives me a sense of relief that I am not alone...I shall call up NSC and check up on my spouse's application...Thanks again to all those who responded...



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  • pointlesswait
    01-08 03:25 PM
    since it was a techslaves personal proposal.. i bet he didnt think it through..;-)



    from an old article: http://heather.cs.ucdavis.edu/H1BSummary.pdf?popup=false

    Here is an outline of my proposal:
    � To be eligible to an H-1B, the employer would be required to have not have laid off Americans
    in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
    workforce.
    � An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
    Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
    employer would have automatic permission to hire the H-1B.
    � The wage paid to an H-1B would be required to be at least the national median for all workers in the
    field, including those with all levels of experience.
    � After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
    of the H-1B who was hired.33
    � The visa would be valid for 3 years. During this time, the worker could move from employer to
    employer at will, providing that each new employer goes through the 30-day ad procedure on the
    DOL database.
    � If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
    worker would be deemed as having proved his/her value to the economy, and would automatically be
    granted permanent-resident (i.e. green card) status.
    � If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
    required to leave the country within 15 days.





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  • drona
    09-28 07:21 PM
    Southern California IV Meet-up on Saturday 6 October at 3pm in Los Angeles. We have several post-rally action items to work on. Join our yahoo group for further information.

    http://groups.yahoo.com/group/SC_Immigration_Voice/



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  • zoooom
    06-17 07:59 PM
    How about this scenario..
    I invoked AC21 and changed job using my EAD. Now my new employer applied for my EAD and AP renewal. I got the approval for the renewal today....does that mean USCIS is ok with my application (AC21) or they will verify it at the time of 485 adjudication?





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  • lsuk
    07-21 07:17 PM
    EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

    "DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

    Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

    This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?





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  • xela
    04-23 05:59 PM
    June 31?

    lol Thanks,....yeah the impossible day....no it was the 30th, my bad





    smsthss
    12-18 05:59 PM
    I also got 2 soft LUD'S on both mine and my wife's 485. First LUD on 12/15 and second on 12/18. But the case status remains the same "This case is now pending at the office to which it was transferred". My I-140 got approved on dec 6th. Seems like some kind of update is being done on I-485's. Might be FP notices as i have not received my FP notice yet. Not sure..Anybody seen the same pattern ??





    ashishgour
    09-17 10:19 AM
    What happens once someone has entered on AP and 1 year passes..is it an overstay after a year????



    Well done! you have successfully gained access to Decrypted Link.
    Tomorrow's top smartphone? That'll probably be a 5G phone, like the Galaxy S10 5G, and then, eventually, a foldable phone with 5G, starting with the Huawei Mate X and Samsung Galaxy Fold. But foldable phones are unproven and 5G in the US isn't in enough cities around the country to recommend. Our list will remain practical.

    Our pick for best phone isn't just crowning the newest iPhone and calling it a day, though our list does have a lot of familiar names: Apple, Samsung, Google, Xiaomi, Oppo, Vivo and LG, all in the top 15. Newer companies in the US like Huawei and OnePlus make the list, too, though their limited availability is noted.

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