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  • sanjay
    02-02 12:03 PM
    `Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
    `(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;

    Any thoughts???

    Assume:

    This mean from the date this bill gets enacted, one should stay in USA for five years continuously.

    It's impossible, atleast for me. I can't even think that I won't be able to go to India for 5 years. It would be a torture on my soul. This kind of clause works for an un-documented immigrant, who don't have a choice to leave but not for legal immigrant.

    What my company tell me to go to another country say some Brazil to implement project and infrastructure and I had to stay 2 months? Then I have to start afresh ?





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  • arihant
    03-14 04:43 PM
    http://www.germany.info/relaunch/info/consular_services/visa/transit.html
    after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold

    do not need an airport transit visa

    I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?





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  • optimystic
    04-06 11:41 PM
    there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.

    I can't say how much weight this statment holds...

    I mean, there are ongoing discussions in other posts about some employers reluctant to accept EAD holders (willing to use AC21) since they may have to do some amount of 'sponsorship' for such people and suggestions that these people claim that they don't need any 'sponsorship' theoretically from the employers ...they can file EAD extensions themselves.....

    In light of that it seems as if once you invoke AC21 you can choose to support your I-485 status & EAD, attorneys etc completely yourself, and thus the concept of 'sposoring employer' totally vanishes.

    Its possible that USCIS can still hold you to the (diluted)intent of "continuing to work in the same job role as originally claimed in I-140/I-485" for a general period of time after getting GC, but not necessarily stick with the same current employer. The AC21 invokers already cut themselves off from the original sponsor....doesn't make much sense to force them to stick to current employer, who may or may not have sponsored anything at all towards the employee's GC.


    So AC21 invokers get a degree of freedom ( --can't tell what level of freedom though, with the impending restrictions possibly in future in AC21 -- ) regarding showing the *original intent* after getting GC.

    And since people stuck with same original sponsoring employer and get GC while still with them, can not invoke AC21 after getting GC to port their "original intent", it seems they would continue to be stuck with the same employer for 6-12 more months (unless fired/laid off of course, in which case one becomes a free bird :) )

    [Not sure if I put my line of thiking properly in the above paragraphs...if you get confused, please ignore the post :) . It would definitely have been worse, if I tried to speak , rather that write this :D )





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  • howzatt
    08-21 12:05 PM
    bumping up??

    Sanojkumar,

    Please stop spamming all threads with this question. Please search at the very least wait for a reasonable amount of time to bump it.



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  • pd_recapturing
    09-26 04:13 PM
    Hi, I received the RNs of my wife and me (485,765 and 131) by calling the USCIS today. Online status check shows the receipt date of 09/24. I dont see my checks cashed yet. How much time it takes to get the check cashed ?





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  • hemasar
    05-24 10:10 AM
    I thought this would be the most appropriate place to post.
    I am on my 3rd year of H1-B (non-technical field), just moved to a new company and was going to start my process toward getting a gc in the next month or so. Now, with all of this, I am very confused.
    Do you folks think that it is most appropriate to sit tight and wait to see what happens? or to just go for it now?
    I'd appreciate your input, as I have to make a decision soon.

    If your employer is sponsoring your GC (LC and I140 by spending their money) then go for it.



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  • Devils_Advocate
    03-12 10:36 PM
    Congrats !, please do continue to contribute some of your time and effort to this site, your experience can help others still stuck in their misery





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  • saketkapur
    02-07 10:53 AM
    link??



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  • shirish
    10-08 11:47 AM
    Received an email on friday, Card production rdered for the EADs for both of us.


    Received RN for EAD and AP for all three of us. (NO EAD for son :) as did not apply) yesterday
    PD - sept 05 EB2 India-
    I140 - Approved Apr 2006
    I-485,AP,EAD - reached NSC on July 27th 07
    485- RN - Not received
    EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
    AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX

    Hope every will get it soon.





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  • MahaBharatGC
    10-23 05:21 PM
    Hi,

    My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
    As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.

    Will there be any problem due to that at port of entry?

    Do she also need to carry travel insurance along with her?

    Thanks in advance.

    Plz, this is common sense...don't ever buy one-way ticket if you want to be under the radar...



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  • IneedAllGreen
    02-23 01:23 PM
    My Wife is attending her graduate school here. There is no need to show other than H4 visa and in most states you can have resident fees paid for your spouse study. More you can get information from the school you are intersted for H4 visa holder. Hope this help you.

    Thanks
    IneedAllGreen





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  • meher
    12-24 10:38 AM
    Hi

    I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.

    Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.

    I have proper timesheets that i had submitted with client to prove my work hours with client.

    How do i get my pay stubs and my pay?

    Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?

    Please help

    Thanks
    MRD



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  • bokeifus31
    November 13th, 2007, 10:54 PM
    I have a Nikon D70s and always get the 3 dust particles showing up on every photo I take. I've tried to clean the inside of the camera as much as possible, but I can't get rid of the dust. Is there a way I can clean the sensor or do I have to send it to Nikon? I have a photo shoot this weekend and would like to have it cleaned by then if possible.

    Another question - How often should I format my memory cards?

    I look forward to reading your suggestions.

    Keith





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  • mambarg
    08-05 11:44 PM
    I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
    It does not need a attorney or spies. You just need to work up the numbers.
    I did this only for INDIA. Any chinese can complile it for China.



    MONTH EB2 EB3
    Aug 05 C 01APR01
    Sep 05 C U
    Oct 05 01NOV99 01JAN98
    Nov 05 01NOV99 01JAN98
    Dec 05 01JUL00 1-Jan-99
    Jan 06 01JAN01 01JUN99
    Feb 06 01AUG01 01JAN00
    Mar 06 01JAN02 01JAN01
    Apr 06 01JUL02 01FEB01
    May 06 01JAN03 01MAR01
    Jun 06 01JAN03 08APR01
    Jul 06 01JAN03 15APR01
    Aug 06 U 01APR01
    Sep 06 U 15APR01
    Oct 06 15JUN02 22-Apr-01
    Nov 06 01JAN03 APRIL01
    Dec 06 08JAN03
    Jan 07 Jan03 May01
    Feb 07 Jan03 May01
    Mar 07 Jan03 May01
    Apr 07 Jan03 May01
    May 07 Jan03 May01
    Jun 07 Apr04 Jun03
    Jul 07 C C
    Aug 07 U U
    Sep 07 Jan03 May01
    Oct 07 Jan03 May01
    Nov 07 Jul03 June02
    Dec 07 Jul03 Jun02
    Jan 08 Jan04 Jun02
    Feb 08 Jan04 Jun02

    Here is my analysis.

    Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
    Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
    Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
    For EB3, they like to get it stuck at mid year so Jun02.

    Guys, give a thought to this trend and see if you can guess more accurately.



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  • glus
    03-07 12:24 PM
    What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.

    Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.





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  • pcs
    04-09 03:53 PM
    For last 48 hours, I have been spreading word in Hrderabad IT community about the latest H1-B issues & subsequent EB issues . Since recent H1-B issues has caused a lot of stirr, I am getting much better response at this time. We need members & they may be anywhere in the world. Once we have members, we will get more visibility & contribution.

    SO PLEASE TRY TO SPREAD THE MESSAGE IN ALL IT COMMUNITIES IN THE WORLD ABOUT ISSUES & HOW IV IS FIGHTING THE CHALLANGE


    We must have 100,000 members in a short time


    Thanks



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  • JazzByTheBay
    09-14 03:27 PM
    Glad to know we're advertising on the radio station, as one member suggested.

    Proof of what we can do collectively, and IV is really an organization driven by members, of the members, for the members, by the members.

    GO IV GO!

    http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg

    SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
    (San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))

    http://images.jupiterimages.com/common/detail/20/99/22609920.jpg

    cheers, and see ya'll in DC!
    jazz

    He is the best - I am at work - but will listen to the radio.

    Way to go logiclife - we are with you





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  • Rockford
    08-31 10:20 AM
    Hey guys I guess now interim EAD is possible if application is pending for 75 days.Got this information on murthy's site(In weekly Bulletin).Below is the link
    http://www.murthy.com/bulletin.html
    I hope I understood it correctly.
    What do all of you say?

    If you are referring to this paragraph , The answer is , field offices will NOT issue interim EAD. They can however request one and I think that is what they do today (Some field offices, as per Katri)when you take an appointment at local office to raise this issue:


    The CIS Ombudsman has been engaging in discussions with the USCIS filed offices, in an effort to institute a uniform policy to assist EAD applicants with applications pending for 75 days or more. Since interim EAD production could take several days, the Ombudsman believes it should not be necessary for an applicant to wait for 90 days before requesting an interim EAD at the field office. Field offices no longer issue EADs; however, they can request interim EADs for pending applications. Mr. regrets that some field offices are not focused on helping their customers to continue uninterrupted employment, when the customers are doing their part to abide by the laws and maintain the validity of their EADs.
    �MurthyDotCom
    The CIS Ombudsman requested teleconference participants to notify his office if and when a field office refuses to request the production of an interim EAD card, when the application has been pending for approximately 75 days from the date of application.





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  • django.stone
    01-25 07:49 PM
    Last week, Congressman Jason Chaffetz (R-Utah) introduced the Bipartisan Reform of Immigration through Good Enforcement Resolution in the lower house of Congress. According to Congressman Chaffetz, the resolution does three things: � make E-Verify mandatory for all employers, and hold employees accountable as well; � provide sufficient border infrastructure and manpower to secure and control our borders; and, � reject amnesty and any legal status which pardons those here in violation of our laws. At first I thought this was the usual anti-immigrant measure we expect to see from the folks in the Immigration Reform Caucus. But an interview with...

    More... (http://blogs.ilw.com/gregsiskind/2010/01/compromises-coming-on-immigration-reform.html)

    With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(





    walking_dude
    10-23 11:03 AM
    I have created this thread to communicate and track MI chapter activities on creation of eGroups to serve the needs of the MI chapter

    1) Data on 10/20 meet has been compiled and documented. Minutes of the Meeting will be provided to the attendees soon through a secure eGroup (files/document section)

    2) Work in progress to provide a secure, trusted E-group which provides the best features available to our community. Pilot groups have been created in Yahoo and Google to study the features, ease of use and ease of management (for the mods).

    Results so far

    Google
    ---------
    Pros :

    1) New.
    2) Has stacked thread view similar to Gmail.
    3) Ease of use (not much functionality to confuse users).
    4) Supports HTML pages and also commenting on those pages. Google search available to search the threads.
    5) New, hence not blocked in many offices ( esp mine :))

    Cons :

    1) Buggiest of the three! (I created a 'Restricted' group. None of the links are working)
    2) Key features such a Polls, Database missing.
    3) Limited management options.

    Yahoo
    ---------

    Pros :

    1) Stable
    2) Lots of management options. Powerful
    3) Powerful member features - Polls, Database

    Cons:

    1) Old/dated
    2) Text only ( unless you send E-mails externally)
    3) Options could be overwhelming to a new user!
    4) Blocked in many offices ( E-mails can still be received. Other features like Polls, Database need to be accessed from home)

    Right now, per my experience so far - Yahoo seems the best option. Let me know your ideas.

    And once we decide on a platform

    1) I need 2-3 days to setup the group to meet groups needs and expectations.
    2) MI meet attendees will be sent invitations to join the group.
    3) Others who responded to the Meet invitation but couldn't attend will be contacted to check if they wish to join the group
    4) MI chapter eGroups successfully launched!





    ksurjan
    10-05 01:30 PM
    Folks,
    Who receives the AP approval? lawyer or the beneficiary?



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