Sunday, June 26, 2011

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  • Euclid
    02-11 02:11 PM
    Hi,

    My OPT was approved and I received the approval notice. But the card itself
    has been lost in mail. I have applied for a replacement card.

    I am aware of something called the "I-9 receipt rule" wherein the receipt for
    the replacement of a lost document can be used in place of the document itself
    for a period of 90 days.

    Does this apply to my case? In other words, can I use the receipt of the replacement
    request to work for upto 90 days?

    Thanks in advance!

    PS: I am aware that I cannot start working based on the approval notice itself.




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  • mirage
    07-16 11:32 PM
    They are all liars. Everybody on the hill knows H1B pays all kind of taxes. It's not worth wasting time in correcting somebody who's not ignorent but telling lies, same is true with Lou Dubbs




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  • nashim
    12-12 11:36 AM
    What was the REF about?

    As a backup you can file new EB3 PERM




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  • gemini23
    07-27 10:23 AM
    thanks for answering. I guess this is a stupid question, but i have one.

    would the applicant need to have a job while applying for EAD renewal?



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  • perm2gc
    01-06 04:46 PM
    My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).

    Please let me know if there is any merit in the above statement?
    Nope its not true.All she need is approved I-797.Visa Stamping is only required when she has to travel outside US and reenter.




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  • mmk123
    07-17 11:43 AM
    Skilled = anyone having skills to remain employed (or provide healthy contribution to the economy) at that point of time

    So this can be a cook, dancer, painter or a programmer - if the society or economy needs one. Tomorrow, if my programmer skills are no longer required for this economy and country then I can be categorized unskilled labor too.

    I am sorry if I look biased. I have no such intentions as I made clear in my first post itself. All my intentions of discussion are based on the definition given above for the word "skilled".



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  • jayz
    07-17 07:01 PM
    While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?




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  • starscream
    06-23 09:40 PM
    Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)

    Cornyn Calls on Obama to Present Immigration Reform Plan

    Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.

    “What we need is not another photo op at the White House. What we need now is a plan from the president,” said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.

    “The president doesn’t write legislation, but he does have the bully pulpit,” Cornyn said, adding that right now “it’s unclear how they can get it finished.”

    Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress — already spread thin with health care and climate change legislation — can take up yet another time-consuming and sweeping proposal.

    Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: “We’ve got a full plate already.”

    “There’s been little discussion from our side on immigration reform. I’ve honestly not given it a lot of thought,” McConnell said.

    But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.

    “We have to finish health care and climate change, but being third on the list is pretty good,” Reid said, predicting that he could muster up the votes for a bill later this year.

    Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline “the principles that will guide legislation he intends to introduce in the Senate later this year,” according to a release.

    Schumer will also attend the White House meeting Thursday.



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  • thomachan72
    07-06 11:55 AM
    Answers to your questions.
    (a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
    (b) No.
    (c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.

    Good luck

    Thanks,
    Jayant
    ?????????




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  • gc_on_demand
    06-22 10:09 AM
    I think OP is correct as CIR will not pass this year. Remember Mr bush took advantage 8 years ago and won election. Even he may knew that it will not pass. Same way Raid may know that it may not pass but what is wrong to take advantage of pushing CIR. Even if it doesnot pass or introduced he may win because Hispanic will think if he wins he may bring CIR for sure.

    Now in near future Mr President does not have any benefit of CIR unless he runs for next term. So for him delayed CIR is good. till 2011. So it may be win-win for both. Raid will make a vocal for it now and will win election and OBAMA will keep silence and make attempt in 2011. If passes or not he may win election again.

    Only catch is if hispanic people think that Replicans didnot help them and now dems not going to help again so they may not give vote to Dems as punishment and that may hurt.



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  • pboy
    03-25 02:48 PM
    When I traveled to Hyd, my luggage went missing. They found that the connecting flt to JFK didn't deliver the bags to Emirates. I got that after 2 days. But they gave me $50 at Hyd and also amount equivalent 2 2nd AC train tickets to my District. They have really good shops at Dubai airport.

    One of my friends took a tourist Visa and went to visit Dubai on this return trip to US. He was sent to additional screening at JFK after seeing Dubai visa in his PP. No problems at the end. This is just an info.




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  • asdqwe2k
    05-09 04:36 PM
    can this event me scheduled to someother day, preferably a weekend ?

    Also, May 15th is mine and my daughter's birthday, so I would have to be at home in the evening ?



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  • my_gc_wait
    08-10 11:20 AM
    1. You can ask them for H1 transfer and AC21 portability of your existing EB3 GC Process.
    2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.

    And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.




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  • punjabi
    08-13 11:12 AM
    I personally think we should try to encourage new people to open new threads, and not discourage them. This way, they also get a feeling like they own ImmigrationVoice and they are the part of it.

    Unless there is already an active thread, we should not mind if someone opens a new thread!



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  • small2006
    08-31 10:15 AM
    Looks like this is only for renewals

    A colleague of mine (not India or China) got her EAD card in mail within a month of applying. Her 485 has been pending for more than a year.
    Another friend of mine from India got his approved within 60 days of applying.

    Doesn't all these mean that the interim EAD (or whatever you want to call it) is still possible and we can get it?

    I am confused.




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  • rdoib
    07-23 10:36 PM
    with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)



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  • small2006
    07-21 12:43 PM
    I knew this would be the next obvious question and therefore I included that last line in my earlier post. Sorry but I tried to glean that from my attorney and there was no way he would give it to me.

    If you have an attorney working on your case it should be a simple matter of him/her sending in the request. Please try that option. Also I think it would carry more weight if it goes from an attorney's office than from an applicant directly.




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  • vivache
    10-06 12:59 PM
    What if we take a more reasonable example that McD's.
    Assume a person is a pre-sales engineer and moves to customer support or development or even product management, he will have paystubs that have a reasonable amount on them. Does this solve the paystub problem or are there other issues?




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  • arkanand
    06-22 01:31 PM
    To EB3June03

    I got an RFE for TB test too last week and got all of it done by June 19. I did a TB test in 2002 was 20mm induration which is positive. Because it was positive in 2002, I did not do TB test in 2007 when I sent in my I-485.

    I got an RFE for a TB test last week and decided to do another test although I got positive in 2002. I also did one in India in 2000 and was positive then also.

    So after two positive tests done in 2000 and 2002, I did one again last week and got positive with 19mm induration (2002 induration was 20 mm). Anyways, I am fine so far and no problem. I attached my chest x-ray which was clear and all documents sent.

    Since this my 3rd test and all 3 positive, i think you can do the test and will become positive. However I do want to EMPHASIZE...the doctors and the nurses RECOMMEND NOT taking the test again as it will be positive.

    But I took it anyways for sake of RFE and nothing happened.

    I am not a doctor and just shared my personal experience if it helps!!




    kumar1
    10-06 01:15 PM
    USCIS has always been unpredictable. Stupid USCIS approved Mohammed Atta's VISA extension after he shoved the whole airplane in World Trade Tower. So all of us know, what USCIS is capable of doing. I would go to an extent that you can even remain unemployed after 180 days of I-485. You do not even have the burden to be employed all the time.

    Once again....I am talking about what law says.


    USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
    U will be lucky if they dont!!!!

    With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...




    mambarg
    08-15 12:15 PM
    INS has already issued receipts for July 2nd filer.
    IF you are before it , then you have to file again by tomorrow.
    Why take risk.
    They might have lost application .

    Second filing is justified in your case.



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