Sunday, June 12, 2011

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  • northstar
    09-29 05:48 PM
    I had recent experience with continental the flight got cancelled but the staff was good they immediately gave me tickets to Virgin Atlantic (which was earliest departure) but I had Advanced Parole and so could not take VA.

    rockstart, what was the issue with Advance Parole, can you elaborate?




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  • Jessica Alba @ quot;Little


  • gapala
    03-20 10:16 PM
    gapala -

    You are mixing apples and oranges.

    Visa Portability (as per AC-21) allows one to start employment after filing for H-1B petition, before H-1B petition os approved. only if he already has a approved H1b from other sponsor

    H-1B Transfer does not invalidate current employment status (if on H-1B status) and beneficiary can continue working for original Employer A based on that I-797 validity dates. (status remains same due to transfer... but the question is whether some one can work for a non sponsor? My take is NO.)

    OP needs to explain to USCIS that he never switched jobs on new H-1B approval and continued job on the basis of original I-797 dates. He was not out of status.
    _______________________
    Not a legal advice.
    US citizen of Indian origin
    see in red.
    Desi, with due respect, I have to clarify this, I am not talking about H1B status here I am talking about "unauthorized work" part upon change of sponsor.




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  • Little Fockers Red Carpet in


  • kc_p21
    12-10 02:07 PM
    Nothing against Logiclife but response doesn't sound right.

    Logiclife,
    IV is a voluntary organisation. You can request people to volunteer, but cannot force them or scold them for not volunteering. This is not professional. They might have their reasons and the right to work their way. I agree with your frustration when people who signed to turn up do not show up. But I feel this is not the way to express it.

    Ram




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  • Jessica Alba Cut Her Hair


  • ksircar
    07-10 04:45 PM
    Please stop this fight ... after all we are all well-educated adults.

    Core Team, can you please publish updates on a specific schedule (say, on 15th and last day of each month etc ...), so that everyone will know when to expect updates.



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  • Jaime
    09-20 12:01 PM
    I had lawmaker apointment (in Rayburn building across the street from where the rally ended) after the rally. There were 10 Indians giggling at me. At first I thought they attended the rally. I was walking in their direction when their looks got weird and I realized they did not attend the rally!

    How sad! Yet there are tens of thousands of us who are committed! We need to keep growing our unity!




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  • Little Fockers is a single


  • bluekayal
    03-17 10:54 AM
    SEC. 405. STUDENT VISAS.

    (a) In General- Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is amended--

    (1) in clause (i)--

    (A) by striking `he has no intention of abandoning, who is' and inserting the following: `except in the case of an alien described in clause (iv), the alien has no intention of abandoning, who is--

    `(I)';

    (B) by striking `consistent with section 214(l)' and inserting `(except for a graduate program described in clause (iv)) consistent with section 214(m)';

    (C) by striking the comma at the end and inserting the following: `; or

    `(II) engaged in temporary employment for optional practical training related to the alien's area of study, which practical training shall be authorized for a period or periods of up to 24 months;';

    (2) in clause (ii)--

    (A) by inserting `or (iv)' after `clause (i)'; and

    (B) by striking `, and' and inserting a semicolon;

    (3) in clause (iii), by adding `and' at the end; and

    (4) by adding at the end the following:

    `(iv) an alien described in clause (i) who has been accepted and plans to attend an accredited graduate program in mathematics, engineering, technology, or the sciences in the United States for the purpose of obtaining an advanced degree.'.

    (b) Admission of Nonimmigrants- Section 214(b) (8 U.S.C. 1184(b)) is amended by striking `subparagraph (L) or (V)' and inserting `subparagraph (F)(iv), (L), or (V)'.

    (c) Requirements for F-4 Visa- Section 214(m) (8 U.S.C. 1184(m)) is amended--

    (1) by inserting before paragraph (1) the following:

    `(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School Students- '; and

    (2) by adding at the end the following:

    `(3) A visa issued to an alien under section 101(a)(15)(F)(iv) shall be valid--

    `(A) during the intended period of study in a graduate program described in such section;

    `(B) for an additional period, not to exceed 1 year after the completion of the graduate program, if the alien is actively pursuing an offer of employment related to the knowledge and skills obtained through the graduate program; and

    `(C) for the additional period necessary for the adjudication of any application for labor certification, employment-based immigrant petition, and application under section 245(a)(2) to adjust such alien's status to that of an alien lawfully admitted for permanent residence, if such application for labor certification or employment-based immigrant petition has been filed not later than 1 year after the completion of the graduate program.'.

    (d) Off Campus Work Authorization for Foreign Students-

    (1) IN GENERAL- Aliens admitted as nonimmigrant students described in section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an off-campus position unrelated to the alien's field of study if--

    (A) the alien has enrolled full time at the educational institution and is maintaining good academic standing;

    (B) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer--

    (i) has spent at least 21 days recruiting United States citizens to fill the position; and

    (ii) will pay the alien and other similarly situated workers at a rate equal to not less than the greater of--

    (I) the actual wage level for the occupation at the place of employment; or

    (II) the prevailing wage level for the occupation in the area of employment; and

    (C) the alien will not be employed more than--

    (i) 20 hours per week during the academic term; or

    (ii) 40 hours per week during vacation periods and between academic terms.

    (2) DISQUALIFICATION- If the Secretary of Labor determines that an employer has provided an attestation under paragraph (1)(B) that is materially false or has failed to pay wages in accordance with the attestation, the employer, after notice and opportunity for a hearing, shall be disqualified from employing an alien student under paragraph (1).

    (e) Adjustment of Status- Section 245(a) (8 U.S.C. 1255(a)) is amended to read as follows:

    `(a) Authorization-

    `(1) IN GENERAL- The status of an alien, who was inspected and admitted or paroled into the United States, or who has an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1), may be adjusted by the Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--

    `(A) the alien makes an application for such adjustment;

    `(B) the alien is eligible to receive an immigrant visa;

    `(C) the alien is admissible to the United States for permanent residence; and

    `(D) an immigrant visa is immediately available to the alien at the time the application is filed.

    `(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--

    `(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;

    `(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;

    `(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and

    `(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.

    `(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.

    (f) Use of Fees-

    (1) JOB TRAINING; SCHOLARSHIPS- Section 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by inserting `and 80 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.

    (2) FRAUD PREVENTION AND DETECTION- Section 286(v)(1) (8 U.S.C.

    1356(v)(1)) is amended by inserting `and 20 percent of the fees collected under section 245(a)(2)(D)' before the period at the end.



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  • Jessica Alba


  • java_jaggu
    06-19 07:07 PM
    I doubt if the house is going to toe the senate line on the CIR. The new bill that has been introduced in the House is seen as a rebuke to Bush, directly contradicting the Senate version. I think this CIR will be killed in the house if it somehow passes the Senate.

    http://www.latimes.com/news/nationworld/nation/la-na-immig20jun20,0,3608273.story?coll=la-home-center




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  • Jessica#39;s currently promoting


  • shankar_thanu
    06-14 03:37 PM
    starscream does hae a very valid point, just the dates becoming current doesnt mean we are out of the woods. The dates can retrogress any time and then we might again be stuck in limbo even after we get our 485 application in. We absolutely have to keep going on the CIR front as well.



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  • Here#39;s a cute pic of Jessica


  • kriskris
    04-21 04:51 PM
    My question is more regarding USCIS website for e-filing.

    I already have an account to monitor my 485/EAD status status.

    I was wondering if one needs to create a new account for e-filing

    Thanks in advance.:)

    Yes. You need to create a separate account.
    https://efiling.uscis.dhs.gov/efile/




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  • Meet the Parents: Little


  • saileshdude
    03-20 11:28 PM
    As so many members have posted there is no such thing as H1 transfer. If OP continued to work for employer# 2 without joining employer X that is fine as long as OP's employer 2 did not revoke the H1 petition. So OP should be fine , all he has to do is point that he did not accept employer X offer and decided to continue with current employer (i.e. #2) and his work with employer 2 was authorized based on the continued validity of h1 petition of employer 2. Now I saw that OP mentioned somewhere that he used EAD when his H1 with employer 2 expired. This could be a potential reason for the RFE. Here's my take on it:
    When OP's H1 ultimately expired there were two possible work authorizations which OP could have used : Join the employer X on H1 since that employer did not revoke the h1 petition even though he did not join them OR used EAD with either employer 2 or employer X. The OP got this RFE for I-485. If you are doing AOS from H1 the burden is on you to prove that even while your I-485 is pending you have not engaged in unauthorized work. I just feel that the IO is doing an extensive scrutiny of the OP's application and trying to make sure that OP did not engage in unauthorized work at point.

    In any case the OP should get a good lawyer.



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  • Little Fockers


  • indianabacklog
    09-21 07:53 PM
    Having time off with my boss is traumatic to say the least. I am entitled to seven weeks vacation a year and barely get three most of the time. Even when I am off I get phone calls and have to leave contact numbers, that includes when I am with my parents in England.

    Can you imagine asking for two days off to go to an immigration rally that just reminds him that I will be out of his employment jail some time in the not too distant future I hope.

    My green card process is in its sixth year. Look forward to shaking off my shackles and moving on with life. Glad to say my husband now has an EAD so at least he is free to work and join the human race again.

    I am sure many people are in this sort of situation since we are indebted to our employers which is one of the things we would like to change.




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  • shukla77
    02-29 10:07 PM
    I sent my letters today....



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  • #39;Little Fockers#39; tops holiday


  • willgetgc2005
    03-17 05:15 PM
    eb3napa,

    thanks for the clarification. I have a BE and an MBA form India with over 6 yrs experience in the USA and elsewhere. Not sure if i qualify as advanced degree.

    So peopel with advanced degree can move out of EB3 or any EB quota is it ? Their PD will be current ?




    Not necessarily getGC. I am EB3 but i am a Masters from the US. Sometimes for fresh hires lawyers play it safe by applying in EB3. I had emailed someone at competeamerica.com and they had mentioned that an "advanced degree" is either a masters or a PhD. You mentioned that you had an engineering degree from India. Is that a B.E. or an M.Tech/M.E.? If you have a master's degree from India, you need to ask ur lawyer if that qualifies as an advanced degree.

    But even otherwise, it still benefits you, coz say even 20-25% of Current EB3 have master's degrees, they will be out of the queue and you will be benefitted. I know it doesnt sound like a benefit, coz it is not a direct one, but if you look at it from a different angle, you will see it.




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  • weak at the knees. Jessica


  • bkn96
    12-21 10:05 PM
    Hi guys,

    Thanks for your help guys.

    My MTR has been approved after 70 days and I-485 has been reopened. Though online status has not been changed yet but attorney received an MTR approval notices.

    Ram, have u seen any online updates?

    Thanks,
    Prince

    Great news, I applied MTR 3weeks ago and still waiting for I485 to reopen..



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  • Jessica Alba / THE KILLER


  • cagedcactus
    10-08 07:16 AM
    I have updated the front post to reflect our meeting information.
    Now lets start on the game plan.

    We would need some help from our leaders here..... what are the crucial topics that shall be discussed, and who are the people in state that we should target?

    I think, calling our senetors and possibly arranging a meeting with them would be on our top of the list. But lets meet and discuss first to decide what points shall be covered, and what shall be avoided....etc...




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  • NolaIndian32
    04-30 04:49 PM
    Looks like $8036 so far.



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  • TomPlate
    07-05 09:15 AM
    I am going to file today.




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  • Meet the Parents: Little


  • Vish
    07-03 06:49 PM
    Wow, this all sounds like music to me. I hope I am not dreaming !!




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  • GCBy3000
    02-13 11:41 AM
    I think this guy is from numbers usa for sure. After writing all the BS, he asks it to take it in constructive way. There are lots of other way to express your concern if it had to taken in constructive way. This is definitely not the way.

    Based on your comments I could see that you are a regular visitor (FREE RIDER ATTITUDE) to IV site for more than a year. We had several threads crying out for funds in very critical time senstive times. At those times you are a mere spectator and now just for posting this bashing post you reluctantly became a anonymous member. All these shows your LEADERSHIP skills and quality of leading the battle from FRONT. If I were in USCIS I would do a background check on these high qualities and ground breaking positive attitudes even before giving H1.

    I think a change of leadership of IV is critical if we have to get anywhere. IV has not been able to achieve a single thing in all of its existence. Not a single thing, nada, zitto, zapata. Not disclosing the issues they are working on, not disclosing how the funds are distributed, not disclosing the lobbyist they are using. Who in the world calls that leadership!

    That is the reason that no one wants to contribute. First get some results, show people results for what they have paid for. Then ask for more money. Most people I talk to are confident that IV will achieve nothing given their track record. I tried to convince a colleague to join IV. He bet with me that they will not be able to achieve even this filing I-485 issue. He bet that he will join and pay if they did.

    I know IV works like dIVorced wIVes club and saying anything negative is taboo. Anyone saying anything negative is crushed with (p)curses. Only good mushy things are allowed here. So here it is: We will get our GCs by the end of the month. Hallelujah!

    But I am writing this for the benefit of IV and please take this as constructively as you can. As a member, I have full right to suggest a change of leadership when I think it can help.




    Ramba
    05-06 03:11 PM
    As I was explained SSA do not classify Economic Stimumus Package as a Federal Benefit. For them Federal benefit is a recurring payment of certain amount and the Stimulus package is just one off.

    Also, we should try and get our message across to IRS about dependents who can not have SSN due to the nature of visas issued (H4). IRS should update their system so that if first person filing the return has valid SSN, payment should be calculated as it would be if everyone has SSN. This would be lot more easy then issuing SSN and then filing 2008 returns with those SSNs.

    Any thoughts/ feedback?

    Understandable that Economic Stimumus Package is not a federal recuring benefit. However, ITIN holders (H4s) are eligible to claim child tax credit, why not this stiumuls benefit?. They should be given this benefit if they meet residency requirement. One should contact IRS to include ITIN holders to clain this benefit.




    ameryki
    06-27 11:04 PM
    Did you sent photo? If not then you can be sure.

    nope didn't send photos



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