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  • Picasa
    08-13 08:01 AM
    Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!

    http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd

    http://en.wikipedia.org/wiki/Michael_Phelps

    More golds expected.

    How this is releated to our cause?:confused:





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  • singhsa3
    02-28 10:20 AM
    Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"





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  • lazycis
    02-14 04:48 PM
    Violation of regulations is also affirmative misconduct.
    Here is an extract from my brief

    8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
    �A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
    If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�

    The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.





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  • puskeygadha
    06-02 09:11 PM
    there is no 10,000 source but i heard people say that..
    are you also their client..are you audited..my audit is on business
    necessity and recruitment..

    does this mean we are screwed...or will they do something..they are
    big law firm..why would we suffer when one lawyer in the big firm makes
    stupid mistake



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  • rr_immaculate
    08-05 08:14 AM
    Your I-94 SHOULD have the same number as the old one!

    Whether they give you a new white and stamped or the printed I-797 I-94 is a moot point. The validity date and the number is what matters.

    I was once given a new I-94 after visa stamping in Canada at the Derby Line border post in VT with the same I-94 # as the old (and printed I-797 I-94) for a $6 charge.

    You saved $6. Go buy nice milkshakes for the family and be cool.

    It is a non-issue.

    Thanks for the reply.

    The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.





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  • dvb123
    02-10 06:17 PM
    Once these categories are eliminated how can a spill over take place?



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  • Kitiara
    10-08 08:22 AM
    All of them are very well done, but BBatPA's just appeal to me the most. :)





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  • pappu
    09-08 01:29 PM
    *
    Pls get in touch with your chapter leads and they will answer every question you have. It seems you are from NC. Pls get in touch with Ramus. He will talk to you and answer your questions. Thanks for coming to the rally.



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  • Jubba
    10-16 10:54 AM
    Kit that was beautiful. Tife rocks.





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  • anuh1
    03-24 02:21 PM
    I am also in the same boat. i have applied for PWD on second week of Feb but still waiting. it looks like it is taking around 6 to 7 months just for applying labor and after that approval will be one more year assuming no RFE.



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  • flyingninja
    11-02 11:12 AM
    In my instance I have been working with my current employer for past 5 years and this is 2nd H1B renewal with the same employer. It is sad that they have such a policy which discourages jobs in consulting sector.





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  • rahul2699
    05-19 11:13 AM
    My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.

    Yes if you live out of US for at least a year after the full H-1B term, you can apply for a new H-1B. If i were you, i'll keep the labor process going while applying for a new H-1 because GC is for future employment and if anything you can retain the priority date...



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  • GCNeophyte
    09-17 01:47 PM
    Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.

    short answer - i had been in your situation and what my laywer told me is this

    doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.

    Secondly, you are all good to continue working on your H1b even after entering through AP.

    this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.

    Good Luck !!

    bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,





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  • lost_in_migration
    05-14 05:14 PM
    Yeah even I think filing fees could be an important aspect

    Thanks IV for your efforts on this. This is jsut personal, but I do find the timing too much of a coincidence. My thought would be related to the increase in filing fees aspect that will now net USCIS a goldmine in terms of huge filings.

    Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?

    That would net some savings for filers who have multiple dependents.

    Just a thought.....



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  • jlt007us
    09-14 12:08 PM
    I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.

    Case 1:
    EB2 Labor filed: April 2005
    Labor Approved: December 2005
    I-140 Filed: January 2006
    RFE for Ability 2 pay and RFE replied.
    I-140 Denied: August 2007
    Never recieved the denial notice as per the lawyer

    Case 2:
    EB2 Labor filed: August 2005
    Labor Approved: January 2006
    I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
    I-485 Filed: August 2007
    RFE for W2/wages company tax information etc that were replied on time.
    I-140 Denied Sep 2009


    EAD valid till October: 2010
    AP Valid till Feb 2010

    H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
    Extension Denied based on Case 1 I-140: October 2008
    I-290B Appeal to commissioner filed and pending as of date

    Case 3:
    Pending EB2 labor since October 2008.

    I am paid more than the prevailing wages. Now the question is:
    1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
    2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
    3. If MTR/Appeal is filed for I-140, can I still continue working?

    Any thoughts or suggestions will be appreciated.





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  • waitin_toolong
    10-01 02:31 PM
    there are two things about visa one is stamp and other is status. if you maintained the same status in USA as you are going for stamping you will answer yes.

    eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.

    but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.


    For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.

    You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.



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  • va_labor2002
    08-23 11:13 AM
    please continue to send mails to your local lawmakers regarding Skil Bill. Use the webfax too at
    http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46

    There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broadsupport for such reforms.
    FYI Numbersusa have been sending messages against this bill--
    http://www.numbersusa.com/faxcenter?action=preview&ID=5665
    --
    Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
    The useful information is available here--
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
    --
    Please tell your friends too.

    These are good suggestions. What can we do as a group ? Can we arrange a demonstration in DC ?





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  • asiehouston
    12-13 02:00 PM
    Hey Guys, count me in too





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  • gconmymind
    08-15 02:13 PM
    The whole non-compete agreement is a cruel joke on the employee who finds his own project. All these incapable bad desi employers ban the employee from joining the client whom the employee got them in the first place.

    I know a friend of mine works for an employer, he found his own project through a vendor, now because of non-compete agreement he cannot join the client, nor the vendor and now the employer and vendors are buddies and thinking of other business opportunities. In all this the employee is the loser while it was he who brought the employer and vendor together into minting more money at his expense.

    This is especially true of smaller companies. Big companies at least have real end clients and find projects. With smaller companies, employee finds projects, helps build client list for his company, gets paid less than market rate, etc.

    If the GC process were smoother, a lot of such employers would shut down. Their business model is helped by the immigration mess....





    Tantra
    07-13 08:39 AM
    and not just 15k.. come join us.





    gbof
    01-28 03:46 PM
    1. Sheela Murthy
    2. Indra nooyi
    3. Vikram Pandid
    4. Google Founder
    5. One of the Google Director/scientest from india - who found the Google news
    6. One of the Sun micro system's co-founder was indian.

    You can find lots people in the internet.


    Add famous Dr Hargobind Khurana (Noble Laureate) of India and so many immigrants from other countries including this 2008 winners