Friday, June 24, 2011

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  • Foster2007
    07-07 12:27 PM
    Good idea. I gave highest rating. The video summarizes the issue for the candidates very well!!!




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  • deba
    07-18 12:42 PM
    You are deemed to have lost Canadian PR if you have not fulfilled the 2 out of 5 years residency requirement. The issue may not affect you immediately, but will come up in case you decide to renew your PR card after 5 years. You will be asked to detail your Canadian residency for the past 5 years in your application. Note that this is only a requirement for the plastic card, not the landing paper: which is the proof of granting of PR. The plastic card is required for any travel back to Canada except for road travel from the US. Once your 5 year validity for the PR card has expired, it is upto the border official on the Canadian side to decide whether to let you in without a valid PR card. However, with a US GC you do not need any visa/permit to visit Canada and can safely let your residency requirement lapse automatically if you have not met the 2/5 Canadian residency requirement.




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  • tikka
    05-31 12:56 PM
    Confirmation Number: 56Y67421A1299244L.

    thank you




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  • h4visa
    07-27 12:24 PM
    Can someone go fr 2 jobs after EAD approval( i will use my EAD). Is is required that the job description of these jobs has to be same as filed in the application ? appreciate your help



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  • maverick_iv
    11-27 02:03 PM
    There were two ways to substitute a labor. One by applying for an I-140 with an approved labor certification. Another way was to substitute the beneficiary name in a pending labor certification application. Maybe thats what the company lawyer did.

    For the latter, I am not sure if one needs the beneficiary's signature to do so. One way to check is to ask the company's lawyer for the case number and you could check the status. If the labor is pending with one of the BECs you could request for a screenshot of the case status and that would have the beneficiary's name. But since the BECs are being phased out, I am not sure if they still honor status requests.

    My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
    Thank you




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  • GCard_Dream
    09-15 12:25 PM
    Now that the "Secure Fence Act" has been approved in the house, will senate take on this bill and pass its own version? Has there been any indication at all from the senate leadership that they intend to pass something similar and if so, when? The reason I ask is that I strongly believe that if this bill were to taken on by the senate then our friendly senators like Specter might include some relief for us. This is the only chance I can see this year and next year is a whole different ball game.



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  • mdforgc
    02-21 06:35 PM
    EB3 nepa, please do print out these links too and send to Sen Specters office

    http://www.flight-capital.com/- David Heenans article

    http://www.creativeclass.org/ Dr Richard Florid's site Book"Flight of the creative class"

    [1] Pia M. Orrenius and Madeline Zavodny, “Does Immigration Affect Wages? A Look at Occupation-Level Evidence” Federal Reserve Bank of Atlanta Working Paper No. 2003-2a, August 2003, at http://www.frbatlanta.org/filelegacydocs/wp0302a.pdf.

    [2] “America Needs More, Not Fewer, Workers from Overseas,” editorial, The Wall Street Journal, August 26, 2005, at http://www.opinionjournal.com/forms/
    printThis.html?id=110007166.

    http://www.heritage.org/Research/GovernmentReform/wm886.cfm#_ftn1- link supporting recapture of visas

    http://www.twincities.com/mld/twincities/news/state/minnesota/13614107.htm- MN Gov Pawlnety's comment on legal immigration

    http://www.upi.com/NewsTrack/view.php?StoryID=20060208-105741-3392r Intel Chairman calling for more H1Bs and Green cards

    http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf report of the migration policy institute, suggesting moving other visa cateogires to skilled EB immigration and removing country quotas.




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  • dassumi
    12-23 02:58 PM
    This interests me. I am in the cross roads of my career where I have been offered a job that requires a lot of international travel. I was told that since we are adjusting status, it is not a status and countries like Thailand (any country) will not give you a visa as you dont have a status in the US. Would like to know more on this topic - I am sure there are others in this boat.


    Hi Guys,

    My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.

    I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.

    I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.

    Thanks and have a great weekend,



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  • MYGC2008
    01-20 08:30 PM
    I renewed my Passport at NY. and they are accepting valid EAD. It is not true.

    But Initially they gave for 1 year when I renewed on July 1st week 2008.
    Later on 2nd Junary 2009 I went and they gave me full 10 year.

    I am on EAD abd travelled using AP. I even did not show my H1B I797. The Stamping on Old passport was expired way back in 2007.

    Let me know if u need more info.
    Also I met lot of people and they were given 10 years (may be 1year first and later renew for 9 more)


    Hi friends,
    My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
    They said that they will NOT accept
    - valid unexpired EAD
    - valid unexpired AP
    - valid 485 receipt
    - even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
    ...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
    In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

    I will appreciate if anyone has a solution to this problem. All answers appreciated.

    I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.




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  • tjayant
    04-04 02:21 PM
    I know couple of H1b's working in Boeing unless it is a military project



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  • nhfirefighter13
    July 15th, 2004, 08:24 PM
    Excellent work! You need to start sending copies of those out to publications to see what kind of response you get...or possibly some stock photo companies. :)




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  • smccrea
    03-14 05:31 PM
    What if a person creates a company (a c-corp) say to run a restaurant and works in it. I know a foreign national can own a corporation in the U.S.; but are there any estrictions on working in your own business?



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  • prdgl
    06-17 06:19 PM
    I was under the impression that the bill have already died and its very hard that they will get the bill this year. I myself haven't applied my LC yet.

    After the seeing the June VB, I am deciding to move to another company which will file my LC ASAP because my current employer is dragging his feet.

    can anyone tell me that I should wait or should go ahead and change employer to file my LC, because if the bill's May15th cut-off date becomes effective, then I will have moved for no reason (all is waste)

    Your suggestions are highly valued.

    Thanks




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  • ArkBird
    11-27 12:39 PM
    I think labor substitution is no longer allowed.



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  • alterego
    01-02 08:14 PM
    Best Answer:- No-one but god knows the answer to your question.

    Here are a few points to consider.

    1) If you are from EB India, then you know that there are thousands perhaps hundreds of thousands with PD ahead of yours, at 2800 a year per EB category, you do the math.

    2) Filing of 485 is dependent on more than just approvals, PDs sometimes move based on quirky decisions made by the State Dep't on the basis of nothing more than gesticulation. That said, the 4th quarter of every year is a lottery for anyone with a late PD whichever EB category, witness the July VB fiasco.

    3) Legislation even just recapture (like AC21) can alter the dynamic for years, 4 yrs in the case of AC21 and provide heavily retrogressed countries like India and China especially with a boost.

    4) A new President and a better immigration system might help you. One can only hope.

    Absent the above caveats, sorry my friend but I don't expect the PD to move past the July 2007 VB fiasco date for decades. However, I don't expect the US to lock out Indian IT talent for that amount of time either. Much will depend on how much lobbying is done on this issue, and that will in turn depend on the energy shown by those like you.




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  • breddy2000
    06-25 10:06 AM
    Bumping up.


    Atleast , you are sure that you can leave your employer after 2 yrs.

    But if you do not file now and the date retrogesses again,. you may not be able to file any time sooner...with this CIR and stuff like that, which are not favourable to us. I would say just go ahead and do it.

    See if there is any breakage clause. if they have, then if you like quit them and pay the Penalty or what ever.

    I say all these are made up by the Employers to scare the employees.

    As of now, just accept in what ever they say....and later on see if it is legal/illegal etc...



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  • Ryall
    09-04 01:08 PM
    its almost like smuging, or smearing a pixel value.

    Peace




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  • forever_waiting
    04-07 08:35 PM
    its more important to talk sense on the forums especially after 150 of us members having met 300 lawmaker offices on april 4th and 5th. Several of those staffers might visit these forums expecting logical and sane debates instead of petty fights.




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  • nonimmi
    06-20 01:44 PM
    If the visa is already expired, you better wait to get the travel documents (AP) so you don't need to go for stamping.

    If you use AP to go and return without stamping new H1, can you continue working with H1 or you've to use EAD? And if you use EAD, can you be with current employer?? This is confusing!! :confused:




    joshraj
    10-03 11:46 AM
    Starting the thread for tracking the receipt notices recd by applicants for applications recd by the center on July 27 2007. Please update the thread with receipt dates, issued center. Also highlight if your I-140 is approved or pending with the center name




    qualified_trash
    11-15 09:08 AM
    I head that Backlog centers is allowing people to convert their applications from TR to RIR. Can I know whats the process. I can ask my lawyer to do that

    I am sorry but you seem to be confused. Your post says that the RIR provision in your app was rejected and your labor app has been put in the TR queue (traditional recruitment). now you are asking if you can convert to RIR again??

    how will they let you convert when they specifically rejected the RIR?? I suggest you speak with a lawyer, and, understand this process completely before taking any further steps.



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