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  • dealsnet
    10-20 06:03 PM
    You will not any answer for illegal matters.
    What you did is illegal. Any H1B person can know H4 cannot work.
    It is not the matter of ignorance.
    Please see a lawyer.

    Still looking for a knowledgeable response specifically to the questions asked.




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  • neha_garg123
    01-08 07:20 PM
    You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.

    Thanks a lot!!




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  • Libra
    08-15 12:12 PM
    Congrats and welcome to IV, hope you become an active member and contribute your efforts to IV.


    I thought this will give some hope to you.

    Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.

    Hope yours on the way too...




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  • gc_in_30_yrs
    11-21 06:59 PM
    In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?

    "Premium GC processing" will work as follows:

    Pre-processing Condition/Base Rules:
    If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....

    ...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!

    USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..

    Premium Paid GC - Few base Rules:
    Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:

    1. Pre- adjudicated:
    Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability

    2. Income Tax & W2�s:
    Applicant pays Income Tax, files W2�s for say 3-4 years

    3. EAD�s more than 3:
    I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years

    4. Check Legal entry in USA:
    Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA

    5. Security Threat/Name Check:
    Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?

    6. FP:
    Finger Printing at least once (NOT over by 15 months etc..)

    7. Biometric:
    I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time

    8. H1B/H4 extensions:
    I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)

    After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.

    I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
    Just kidding. I like your analogy.



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  • sss2000
    10-30 04:16 PM
    I want to donate about 6400 miles I have on delta. Does anybody know how can I do that?




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  • chaks7
    01-20 09:09 AM
    We are expecting, so I do not think it is possible to change insurance. We still tried and got rejected. So that we will leave us with COBRA in case my wife chooses to quit or something happens to her job. And does H4 visa affect COBRA coverage? If you can answer this question that will be very helpful.



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  • anilsal
    12-20 12:15 PM
    Take a copy of your I140 approval atleast. It is just a sheet of paper when you go for stamping. Sometimes your lawyer can give you a copy of I140 filed papers. This will have information on your company's financials etc.




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  • GC_1000Watt
    03-23 04:02 PM
    Hi Travellertvr! Since your extension came with a new I-94, your problems are solved automatically. There is no need for you to go out of country and come back either. As of now you are a legal resident here period.
    Enjoy!!!



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  • gcseeker28
    07-28 03:54 PM
    So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
    What is the probability of cases of MTR getting approved after the relevant documents have been published?
    For the client letter denial reason, did anybody furnish further documents?
    Appreciate your inputs




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  • WaldenPond
    05-25 06:57 AM
    Thanks for sending the webfaxes. But that would not be enough. Please make phone calls as well. Please tell/email all your friends to do the same.



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  • gsc999
    01-18 02:09 PM
    waiting, just sent you a pm with details.

    Guys, couple of things:

    - If you are trying to join the Nor. Cal. Yahoo group, please include your phone number in your request.
    - I have added a poll to get a better idea on the number of people
    - Feel free to bring your spouse/kids/friends to this event

    Cheers!




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  • wandmaker
    12-07 11:19 PM
    I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.

    Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!

    (1) You can renew your EAD while you are outside the country (2) you should come back before your AP expires or get back with the valid visa (3) if you e-file your EAD you will get a finger printing notice, you will have to goto ASC to give your picture. Paperfiling does not trigger EAD unless your FP expires, which is usally 15 months from your last FP.



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  • chandra140
    10-13 01:48 PM
    I got the 140 denial notice.
    The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

    Here is the reason...

    The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.




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  • GC9180
    10-14 05:08 PM
    another suggestion ..check with doctors which visitor's insurance they take



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  • english_august
    07-09 07:56 AM
    Please refer to this thread:
    http://immigrationvoice.org/forum/showthread.php?p=103700




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  • Blog Feeds
    12-18 09:50 AM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
    Yesterday I was taken aback when I turned to the editorial page of the San Jose Mercury News, the primary newspaper of Silicon Valley, and found an Op-Ed by Patrick J. Buchanan calling for a moratorium on ALL LEGAL immigration. (http://www.mercurynews.com/opinion/ci_13952824?nclick_check=1) He argues that the LEGAL immigrants are taking jobs from U.S. workers, and that by barring all U.S. immigration the economy can recover faster.

    Legal immigration is not the same as "illegal" immigration. He is not talking about doing something about the high number of undocumented people living in the U.S. By calling for a halt to legal immigration, he would stop the husbands and wives of U.S. citizens from immigrating to the U.S. He would prevent the children and step-children of U.S. citizens from coming to the U.S. He would stop the parents of U.S. citizens from immigrating. He would stop U.S. citizens from adopting children from abroad. He would prevent those who came as refugees from obtaining permanent residence. He would turn away the brilliant minds who qualify to immigrate by being awarded the equivalent of a Nobel Prize.






    More... (http://www.siliconvalleyimmigrationlawyer.com/2009/12/san-jose-mercury-news-publishe.html)



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  • cagedcactus
    11-01 07:07 AM
    WD many thanks for arranging yesterday's meeting. Truly informative and very much helpful.
    I thank the core on behalf of Michigan group, and truly appreciate the time they are putting into this.
    We will not let you down. we will fight at local level until this monster is brought down.
    Those who havent joined yet, please do so right now. Do it for yourself, and your family.




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  • kate123
    03-07 01:49 PM
    Hi Smuggymba, very sorry to see you in such a situation...

    It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.

    My advice is to you: transfer your H1 as soon as possible before 140 is revoked....

    Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....

    All the best





    6 months.

    Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.




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  • vagish
    04-28 12:10 PM
    See the whole thing here : http://www.washingtonpost.com/wp-dyn/content/article/2006/01/02/AR2006010201376.html

    My regtrogression brothers and sisters.....IF WE WANT TO END RETROGRESSION and end the H1B blackout WE HAVE GOT TO SEPARATE OURSELVES FROM THE ILLEGAL KIND and point out the congress and the general populace that there is another kind of immigration which is called ***TADA*** LEGAL IMMIGRATION. Its involves a process of granting permenant residence and citizenship to folks who are

    1) Present Legally.
    2) Entered LEgally.
    3) Work legally.
    4) Pay their income taxes.
    5) Pay their social security and medicare taxes even when there is no guarantee of the benefits of either until they actually become citizens.
    6) Play by the rules, file petitions for work permits and for permenant residency.

    Our goal is not the hurt or help the cause of illegals but to make sure that we dont get punished due to wrath against them. After all, we played by the rules and we wait in line by the rules. We dont need amnesty. We need fair deal.

    I once again urge you all to channel your energy to immigrationvoice.org This is a non-profit established with goal of ending retrogression using the next immigration bill as a vehicle. Its folks like you and me Losing sleep over retrogression. People like us wondering "What wrong did I do to deserve another 5-6 years of H1B extensions". I am not asking you to put money upfront. It does not cost anything to enroll or join or volunteer. But pooling ideas is invaluable. Stop sulking. Act now.


    I totally agree we need participation more than anything else and spread the word. I have been sending feelers to friends who somehow don't get it. They pay attention when I talk to them, but then there is no action. Its a shame, but kudos to all of you guys. As for me, I have lined up to meet up with assistants, office staff for law makers from my district and offices from Senators of Washington state. I am working on the logistics to provide my inputs on Retrogression and IV. So far I have heard both of them support immigration reform. I am requesting to meet with them in person, but me and my wife needs to meet with office staff first. Next week will keep you guys posted more.[/QUOTE]

    only legal immigration will have zero support from democrats, since they control both senate and house, it will be virtually immpossible, to get anything in any stand alone bill




    sammyb
    11-15 09:55 AM
    Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
    Thanks

    http://immigrationvoice.org/forum/forumdisplay.php?f=17

    check this link and find out your state chapter ... each state has its own yahoo groups mailing list and identified state chapter leaders...




    gg_ny
    09-12 07:16 PM
    Working on "loss of pay" means you are still on the pay roll but cannot sustain keeping up your responsibilities of your job. You are still in status. People who go to home country for visa validation, when get struck there, are supposed to be at "loss of pay" but still on the job; that is the reason they get the visa stamps and come back. If they go into out of status, they wouldn't have gotten the visa stamp. This has happened to a few people from India and China that I know of a couple of years back.

    Vacation could be taken under such an understanding with your HR.

    -----------

    I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
    You have to be on a payroll to maintain your status.



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