Friday, June 10, 2011

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  • dsneyog
    11-24 10:16 AM
    Can I e-file? I read that if my I-485 application is pending and I am applying for AP separately and for the first time, then I can not e-file?
    I thought e-filing is for renewals only?

    Thanks to you both for providing list of docs.





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  • starlite
    07-21 01:55 AM
    Hello,
    I worked up nerves to consult with the forum.
    Please read my history and answer questions below.
    Your non-judgmental and objective answers are greatly appreciated.

    I first came to the US on a tourist visa when I was 15 years old.
    I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.

    So here is the history:
    Dec. 1986: Enter the US on a tourist visa (age 15)

    June 1987: Out of status from the tourist visa

    Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997

    July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)

    Aug. 1997: Reenter US on a F-1 visa

    Oct. 00: Initial H-1B

    Oct. 03: H-1B extension

    Dec.04: RIR filed (priority date)

    Sept.06: RIR approved

    Oct. 06: H-1B (7th year) extension

    Jan. 07: I-140 filed (pending approval)

    July 21, 2007: Preparing to file I-485 with the same employer since 2000


    So here are my questions:
    Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?

    Q2. If so, would I have to worry about getting the I-485 approved?

    Q3. If not, should I filed for I-485 at all?

    Q4. Any suggestions or possiblities to consider?

    Thank you.





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  • smartboy75
    09-28 06:48 PM
    Hi All

    Cheques were encashed for my and my wife's I-485, I-765, I-131 application.

    I have received the receipt numbers for all from the back of the cheques.

    When I access the receipt number for one of the I-765 Uscis shows the following update :

    On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??

    Anybody in a similar situation ?





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  • poorslumdog
    09-02 01:28 PM
    Hi there,
    I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
    2. Does the port of entry officer sees the arrest even I expunge the case?
    3. any other scenarios I might encounter?
    Any suggestions are highly appreciated
    Thank you

    You shameless idiot...you are back again.



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  • jingi1234
    08-19 05:58 PM
    Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?

    Didn't submit anything related to F1 (Only grad certificate). I did submit paystubs + W2's...

    Don't know what triggered USCIS for these RFEs..





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  • Tantra
    07-13 09:26 AM
    Or yesterday... we really want to make it a voice of 50k members (to start with!).



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  • senthil
    06-05 01:16 AM
    my situation ---

    im on 7th year H1B extn, going for 8th next year
    - filed I-485 when current ( have EAD) and got married after retrogession
    - for the spouse i had to stay and extend my H1B to make her H4 valid
    - at this stage can i change employer on H1B and also for 8th year and further
    extns ? has anyone on this situation by any chance .....

    any inputs / suggestions will be of great help. thanks in advance





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  • kcindian
    08-03 08:13 PM
    Hi,

    My EAD expires October 21 2008. I had applied for EAD and AP renewal July 1 and got my LIN numbers by July 7th. The official dates on the USCIS websites are for July 7th. I have not gotten my FP notices yet.

    Can anybody tell me based on experience, how long is it taking for NSC to approve renewal cases?

    My PD is July 2003 - EB3.

    KC Indian



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  • newbie2020
    10-26 12:28 PM
    Guess what you should only travel by First class, If you travel by economy they will catch you..... :))

    Jokes aside, You should be ok your H1B extension/stamping has nothing to do with which Airlines you travel, How many stops you will make etc.. Some countries have restrictions if you don't have valid visa during transit. Check with Airlines.





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  • tb2904
    12-21 11:11 AM
    I was in a kind of similar situation couple of times

    1. I had a valid US visa and I was traveling from Cincinnati to New Delhi via Paris on Air France. My flight from Cincinnati got delayed and I missed my connecting flight in Paris. All the passengers that had the green card or US citizenship were allowed to stay in Hotel outside the airport. But, since I am an Indian national and did not have a transit visa, France custom officer told me that I am "illegally" in France. He was nice guy and advised me to stay the night at the airport terminal and board the plane to India next day.

    2. My visa on my passport expired and I had the H1 extension papers with me. I was traveling on Air France from Cincinnati to New Delhi and my flight was via Paris. The airline staff at Cincinnati did not allow me to board the plane as I did not have a valid US visa on my passport. I had to drive down to Chicago to get the transit visa.

    Bottom line, if you don't have a green card it is better/safe to get a transit visa. France is a tourist friendly country and they process the visa much faster than other embassy provided you have had western country visa before (which in your case you do).



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  • vin13
    10-26 01:31 PM
    My wife was on H4 earlier and then she coverted her visa into F1 (student). She got I 20 form from school with her, But She doesn't have F1 stamp on her Indian Passport. She got 2 hour halt in Paris.
    Does she need French transit visa ??

    I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.





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  • Coppertop
    10-07 04:27 PM
    Thanks! *insert extra large grin here*

    can a mod please edit the poll as asked by Phat7



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  • Steven-T
    February 12th, 2004, 09:16 AM
    With the current 14n at about $3,000, and the upgrade costs $1,500, I guess the price for new Kodak DSLR should around $4,500 street in March, which is about the same as the 1D-II, available in April to the mass public. What will be the price of the 1Ds by then? Hehe . . .

    To me, what I like to find out more about this new Kodak machine is:
    1. Lenses - How good will be the (old) primes? Or we still need the latest greatest biggest zooms to get good quality image?
    2. Raw / Jpeg - As an amateur, must we still shoot Raw, and Jpeg is still far back in quality?
    3. Long expsoure - As a landscape lover, how will the babe perform in long exposures up to 1 minute (not in well controlled studio condition)?

    I am waiting for more information before making any move. Oh, I love the iso 6 for landscape. You said kodachrome iso 25 ???

    Steven





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  • txh1b
    08-18 11:19 AM
    Who in the right mind would base their decision of the replies from a forum anyway. People come to the forum to get the thoughts from others but would have to go with whatever a legal counsel says to be sure.

    And remember, not many legal professionals know what they are talking about either.



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  • add78
    07-15 03:03 PM
    I have used AC21 to change jobs
    I have a closing statement from my previous employer mentioning the exercisable options.

    Here it goes:

    Exercisable Options

    Price $30
    grant date 1/10/2007
    Shares exercisable 400
    total price =12000

    Last date to exercise
    7/20/2008

    However the market share value for the company now is 26.00

    now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?

    I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????

    $30 per option price seems very high at the time they were offered unless they were trading around or higher than 30 at that time. Usually ESOP (Employee Stock Options) are offered at a lower end of the annual stock price fluctuations - e.g. if a company is already public with stock trading for the year highs at 50 at year low was say 20 at any point during that year then employees get it at 20. something like this. If a company is pre-IPO, the options are offered at a much cheaper price of a 1c to 10c per option.
    You should be able to place a call to your HR and they would be able to explain any questions you have. If the value is negative, no point exercising options now.





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  • Axilleus
    10-23 10:42 AM
    EAD application sent Aug 26 (Arrived Aug 28)
    RN Sep 17
    FP Oct 20
    Current Status: Case received and pending

    I am supposed to start working on Nov 5 and I pray and hope to get my EAD by then.



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  • learning01
    02-25 05:03 PM
    This is the most compelling piece I read about why this country should do more for scientists and engineers who are on temporary work visas. Read it till the end and enjoy.

    learning01
    From Yale Global Online:

    Amid the Bush Administration's efforts to create a guest-worker program for undocumented immigrants, Nobel laureate economist Gary Becker argues that the US must do more to welcome skilled legal immigrants too. The US currently offers only 140,000 green cards each year, preventing many valuable scientists and engineers from gaining permanent residency. Instead, they are made to stay in the US on temporary visas�which discourage them from assimilating into American society, and of which there are not nearly enough. It is far better, argues Becker, to fold the visa program into a much larger green card quota for skilled immigrants. While such a program would force more competition on American scientists and engineers, it would allow the economy as a whole to take advantage of the valuable skills of new workers who would have a lasting stake in America's success. Skilled immigrants will find work elsewhere if we do not let them work here�but they want, first and foremost, to work in the US. Becker argues that the US should let them do so. � YaleGlobal


    Give Us Your Skilled Masses

    Gary S. Becker
    The Wall Street Journal, 1 December 2005



    With border security and proposals for a guest-worker program back on the front page, it is vital that the U.S. -- in its effort to cope with undocumented workers -- does not overlook legal immigration. The number of people allowed in is far too small, posing a significant problem for the economy in the years ahead. Only 140,000 green cards are issued annually, with the result that scientists, engineers and other highly skilled workers often must wait years before receiving the ticket allowing them to stay permanently in the U.S.


    An alternate route for highly skilled professionals -- especially information technology workers -- has been temporary H-1B visas, good for specific jobs for three years with the possibility of one renewal. But Congress foolishly cut the annual quota of H-1B visas in 2003 from almost 200,000 to well under 100,000. The small quota of 65,000 for the current fiscal year that began on Oct. 1 is already exhausted!


    This is mistaken policy. The right approach would be to greatly increase the number of entry permits to highly skilled professionals and eliminate the H-1B program, so that all such visas became permanent. Skilled immigrants such as engineers and scientists are in fields not attracting many Americans, and they work in IT industries, such as computers and biotech, which have become the backbone of the economy. Many of the entrepreneurs and higher-level employees in Silicon Valley were born overseas. These immigrants create jobs and opportunities for native-born Americans of all types and levels of skills.


    So it seems like a win-win situation. Permanent rather than temporary admissions of the H-1B type have many advantages. Foreign professionals would make a greater commitment to becoming part of American culture and to eventually becoming citizens, rather than forming separate enclaves in the expectation they are here only temporarily. They would also be more concerned with advancing in the American economy and less likely to abscond with the intellectual property of American companies -- property that could help them advance in their countries of origin.


    Basically, I am proposing that H-1B visas be folded into a much larger, employment-based green card program with the emphasis on skilled workers. The annual quota should be multiplied many times beyond present limits, and there should be no upper bound on the numbers from any single country. Such upper bounds place large countries like India and China, with many highly qualified professionals, at a considerable and unfair disadvantage -- at no gain to the U.S.


    To be sure, the annual admission of a million or more highly skilled workers such as engineers and scientists would lower the earnings of the American workers they compete against. The opposition from competing American workers is probably the main reason for the sharp restrictions on the number of immigrant workers admitted today. That opposition is understandable, but does not make it good for the country as a whole.


    Doesn't the U.S. clearly benefit if, for example, India's government spends a lot on the highly esteemed Indian Institutes of Technology to train scientists and engineers who leave to work in America? It certainly appears that way to the sending countries, many of which protest against this emigration by calling it a "brain drain."


    Yet the migration of workers, like free trade in goods, is not a zero sum game, but one that usually benefits the sending and the receiving country. Even if many immigrants do not return home to the nations that trained them, they send back remittances that are often sizeable; and some do return to start businesses.


    Experience shows that countries providing a good economic and political environment can attract back many of the skilled men and women who have previously left. Whether they return or not, they gain knowledge about modern technologies that becomes more easily incorporated into the production of their native countries.


    Experience also shows that if America does not accept greatly increased numbers of highly skilled professionals, they might go elsewhere: Canada and Australia, to take two examples, are actively recruiting IT professionals.


    Since earnings are much higher in the U.S., many skilled immigrants would prefer to come here. But if they cannot, they may compete against us through outsourcing and similar forms of international trade in services. The U.S. would be much better off by having such skilled workers become residents and citizens -- thus contributing to our productivity, culture, tax revenues and education rather than to the productivity and tax revenues of other countries.


    I do, however, advocate that we be careful about admitting students and skilled workers from countries that have produced many terrorists, such as Saudi Arabia and Pakistan. My attitude may be dismissed as religious "profiling," but intelligent and fact-based profiling is essential in the war against terror. And terrorists come from a relatively small number of countries and backgrounds, unfortunately mainly of the Islamic faith. But the legitimate concern about admitting terrorists should not be allowed, as it is now doing, to deny or discourage the admission of skilled immigrants who pose little terrorist threat.


    Nothing in my discussion should be interpreted as arguing against the admission of unskilled immigrants. Many of these individuals also turn out to be ambitious and hard-working and make fine contributions to American life. But if the number to be admitted is subject to political and other limits, there is a strong case for giving preference to skilled immigrants for the reasons I have indicated.


    Other countries, too, should liberalize their policies toward the immigration of skilled workers. I particularly think of Japan and Germany, both countries that have rapidly aging, and soon to be declining, populations that are not sympathetic (especially Japan) to absorbing many immigrants. These are decisions they have to make. But America still has a major advantage in attracting skilled workers, because this is the preferred destination of the vast majority of them. So why not take advantage of their preference to come here, rather than force them to look elsewhere?
    URL:
    http://yaleglobal.yale.edu/display.article?id=6583

    Mr. Becker, the 1992 Nobel laureate in economics, is University Professor of Economics and Sociology at the University of Chicago and the Rose-Marie and Jack R. Anderson Senior Fellow at Stanford's Hoover Institution.



    Rights:
    Copyright � 2005 Dow Jones & Company, Inc. All Rights Reserved

    Related Articles:
    America Should Open Its Doors Wide to Foreign Talent
    Some Lost Jobs Never Leave Home
    Bush's Proposal for Immigration Reform Misses the Point
    Workers Falling Behind in Mexico





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  • ananth
    10-31 04:51 PM
    What I heard of is, OSC (office of the special counsel), Dept of justice will help in this kind of issues related to hiring or wrongful firing. Google for such dept and get help at free of cost.





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  • willIWill
    04-30 02:38 PM
    Shisya,

    Ascetic, EBX-Man are right, you need affidavits in those situations.

    Get the affidavit in a non-judicial Bond paper sworn and attested before a notary public from both Parents, that should be sufficient, you do need to go to a magistrate.





    pmlboy
    05-01 04:16 PM
    I got a similar RFE, except I have been asked to provide government documentation stating why mother's name is absent in birth certificate. Can anybody help on what type of government document can I obtain? Getting a new BC won't be possible, as my parents are currently in the US, and would return after the RFE response deadline. Can I get a court order regarding this effect? Any template would help.

    Thanks.

    EB-2 India
    AOS filed July 2007
    PD April 2007
    Currently on H1-B (renewed till 2011)





    mayurcreation
    08-29 02:26 PM
    As mentioned this is going to be very important and historical rally. All participant should know what to speak and how to speak in front of media, news channel, reporters, etc... This rally is not a fun activity or a joke.

    Media, News Channel, Reporters, etc.. must be invited on the day of event.

    Good Luck:)



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