Friday, June 17, 2011

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  • ras
    05-24 12:44 PM
    You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...

    Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..

    This is such a grey area, I bet even USCIS is not clear on what they would do...

    I didn't get it quite clearly. In fact am referring to the situation for switching from EAD to H1 while in USA and you still have 1.5years on H1 to complete 6years.




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  • go_guy123
    10-23 02:02 PM
    Glad to see this law. Also this law gives me hope for recapture. No one knew about this law was in transit and without any hitches this one passed all the way. So for those who feel that recapture cannot pass can rethink their position based on this new fact.

    Yes very true....actually thanks to organizations like IV a lot of lawmakers now understand the EB backlog. There is not a major opposition to EB reform.
    It is the CIR that is holding this back.




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  • Blog Feeds
    09-18 10:20 AM
    AILA Leadership Has Just Posted the Following:


    http://2.bp.blogspot.com/_BVX2dyjOs1A/SqrbL7L6PQI/AAAAAAAAAB4/yCfhJ8gJpAQ/s320/Wilson+Liar.jpg (http://2.bp.blogspot.com/_BVX2dyjOs1A/SqrbL7L6PQI/AAAAAAAAAB4/yCfhJ8gJpAQ/s1600-h/Wilson+Liar.jpg)During President Obama's address to a joint session of Congress on Tuesday, Congressman Joe Wilson (R. SC), shouted "LIAR!" when President Obama stated that the proposed health care plan would not cover "illegal aliens." Now, Joe Wilson said he should know this because he once was an immigration lawyer (http://www.riehlworldview.com/carnivorous_conservative/2009/09/rep-joe-wilson-speaks-to-rwv.html). Whether that meant immigration from or to South Carolina, I am not sure, but one thing is for sure, no one I know ever knew Joe Wilson the immigration lawyer. If by "immigration lawyer" Mr. Wilson meant that he once helped an immigrant get deported, I am not sure that really counts. But if "Joe the Immigration Lawyer" is like "Joe the Plumber," then maybe he thinks he really was one.

    After all, an immigration lawyer would likely be able to understand what exactly the law means when it says that only citizens and permanent residents are covered under the Obama plan. What has caused Joe Wilson to react like this, besides a serious lack of self control, is the provision in the proposed legislation that eliminates the requirement of using the "SAVE" system to verify whether someone who is an immigrant, is legally in the United States. Use of this program has stopped very few undocumented immigrants from getting public benefits, but has stopped literally thousands of U.S. citizens, mostly poor, from obtaining benefits because of their lack of accessible proof of their citizenship.

    Factcheck.org has presented a short article on Seven Falsehoods About Health Care (http://www.factcheck.org/2009/08/seven-falsehoods-about-health-care/). One of those applies directly to this point:

    False: Illegal Immigrants Will Be Covered. One Republican congressman issued
    a press release claiming that "5,600,000 Illegal Aliens May Be Covered Under Obamacare (http://steveking.house.gov/index.cfm?FuseAction=Newsroom.PressReleases&ContentRecord_id=a294b300-19b9-b4b1-1296-659af869849a&Region_id=&Issue_id=)," and we�ve been peppered with queries about similar claims. They�re not true. In fact, the House bill (the only bill to be formally introduced in its entirety) specifically says that no federal money would be spent on giving illegal immigrants health coverage:

    H.R. 3200: Sec 246 � NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS. Nothing in this subtitle shall allow Federal payments for affordability credits on behalf of individuals who are not lawfully present in the United States.

    Also, under current law, those in the country illegally don�t qualify for federal health programs. Of interest: About half of illegal immigrants have health insurance now, according to the nonpartisan Pew Hispanic Center, which says those who lack insurance do so principally because their employers don�t offer it."Misleading GOP Health Care Claims" (http://factcheck.org/2009/07/misleading-gop-health-care-claims/) July 23 � by Brooks Jackson, Viveca Novak, Lori Robertson and Jess Henig.


    I can certainly see both sides of the debate, and, frankly, neither side is being completely honest or clear. What is quite clear, is how immigration, and our broken immigration system, keeps coming up in the context of the debate of national agenda items, such as the health care debate.



    Several weeks ago I blogged on the danger that the tone of the Health care debate (http://ailaleadership.blogspot.com/2009/08/healthcare-debate-and-immigration.html)had for the coming immigration reform debate. Calling the President a Liar during his speech to a joint session to Congress is Exhibit A in what we have in store for the coming debate. If Joe Wilson the Immigration Lawyer can misrepresent the consequences of legislative language as straight forward as these two particular sections, we have to be prepared for the extraordinary misrepresentations of any positive aspects of an immigration reform bill. Whether it is "amnesty," "rewarding law breakers," "open borders," "Liars," or even "destroyers of American culture" we have to understand how to phrase and present the response. Without a doubt, the response from those of us who understand the need to balance immigration reform, with security concerns, and with economic growth has to be not only vocal, but focused. We, as Real Immigration Lawyers, must know the language of the proposed legislation, we must know the myths that are out there, and we need to be vocal in our response.




    Next week, more than 40 talk radio hosts are descending on Capital Hill for the FAIR (http://www.splcenter.org/intel/intelreport/article.jsp?aid=846)Annual Scare the Crap Out of Congress Boondoggle. The outrageous claims of the downfall of America caused by illegal immigration, along with similarly nutty myths will be presented as facts. Actual real news organization will cite the Center for Immigration Studies as a legitimate source of information. We must be prepared to call into our local radio stations, whose hosts are in D.C. next week, and be prepared to present the facts of immigration. Not by sugar coating the problems that are caused by illegal immigration, but rather by pointing out which specific laws are broken (INA 212(a)(9) anyone?) and how having a comprehensive solution can actually fix the immigration pothole in the legislative superhighway. Immigration Lawyers it is time to Stand Up and be vocal and beat back the immigration myths (http://www.aila.org/content/default.aspx?bc=27924).





    https://blogger.googleusercontent.com/tracker/186823568153827945-8070452709764975137?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/09/liar-what-does-health-care-have-to-do.html)




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  • abhisam
    07-09 11:59 AM
    How are you saying you will not get it before september 10? I am not sure is it really taking beyond 2 months nowadays to get the EAD?

    As per the processing dates, they are processing the applications recieved on March 17th,2008 at Nebraska.

    I am hoping that I will recieve my approval before September 10th, but incase i dont..what are my options?

    I know they approved many applications last month before the 30th june deadline but i guess they will go back to their slow procedures now.



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  • FredG
    May 1st, 2005, 07:27 PM
    Spinning wheels on your 3rd and 4th shots in particular, with a blurred background, would give a very clear feeling of a dirt bike roaring into the air and the expectation of a dirt-spewing landing.Actually, he did get just that. But he was panning so fast that it took several hours for the blur to catch up with the rest of the image.




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  • freddyCR
    July 27th, 2005, 11:58 AM
    Well... what can I say...the first dig. cam I had was a 1.3 megapix. toy camera...YOU GO AND TRY MAKING THOSE PICS LOOK GOOD IN PS !!! (I did..;) )



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  • swashbuckler
    06-17 12:00 AM
    Hi,

    This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:

    1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.

    2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?

    Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.

    Regards,
    swashbuckler




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  • jonty_11
    08-10 05:17 PM
    did u have FBI name check cleared...?

    Were u actually BORN in INDIA????



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  • royus77
    06-30 05:27 PM
    Guys and Gals,

    It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......

    I'am staying positive..... Want y'all to do it too....

    All the best....
    I will fly to Nebraska on sunday night and deliver it on Monday




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  • vbkris77
    04-04 11:09 AM
    Can pls add poll to this by month. We atleast know 3 cases..



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  • dvnagesh
    12-05 05:01 PM
    Congratulations !! Thanks for sharing the info on the forum and for offering your help...




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  • pappu
    07-20 09:25 AM
    No, only contiguous H1-B renewals(after 3 years or yearly extensions after 6 years) are exempted from the cap. If you go back to school and apply for a fresh H1, then it is very much counted against the cap. Apart from falling back to H4 or F2(if you are married and your spouse is on H1/F1), i dont see too many options if you cannot get one of the masters quota H1. BTW, if you dont have an OPT and are out of school, then how are you still here ?
    If the company is multinational, ask them to give you a foriegn posting for a year and then you can come back on a fresh new H1B visa or L1 visa.



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  • va_217
    01-08 01:42 PM
    they even do interviews for them to get the job and pay less to the consultant




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  • jcrajput
    06-18 03:12 PM
    Thank you all for your quick responses.
    I will travel with my wife and 7 years old son. Is there any nice place to stay near embassy? Also, Can I get my passport back on the same day or I need to collect next day after stamping?

    Thanks.



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  • satishbsk
    07-08 05:38 PM
    They took 20 k tilll last month and no match.

    ____________________
    contributed $260 so far




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  • gcformeornot
    01-02 10:53 AM
    Please vote.



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  • mpadapa
    08-15 09:19 AM
    singhsa3, Thanks for compiling this report. Could you tone down the statement in the below quote.. make it "You have to be in the same position with same job responsibilities for quite a few years....."

    It would be nice if you could provide a link to the USCIS Ombudsman report because you are referring to it a lot. This make the report more authentic for the reader.


    Employment Based (EB) Green Card (GC) Laws
    � You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
    [/B]




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  • chris
    11-19 02:27 PM
    I (we) know that they dont have proper system to pull the files based on PD/Country/Category etc.

    Looks like they openly agreed that, Cant believe it. :eek:

    http://www..com/discussion-forums/i485-1/244625389/last-page/

    Please anyone find the official published link or verify the source this news.




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  • serg
    10-31 11:21 AM
    ...If USCIS takes more than 3 months to renew your EAD, you could visit the nearest USCIS field office and request for an interim EAD after you have accrued 90 days of filing EAD renewal....

    Didn't they stopped issuing interim EADs half an year ago?




    scott
    July 27th, 2005, 05:12 PM
    Ok Gary..this is my interpretation.
    This is what I did:
    In the RAW window :



    Freddy, you lose points for not cloning out the dark spot on the bloom!




    Digitalosophy
    03-30 12:16 PM
    I'm impressed by the quality of all your guys' work. I voted mlkdave :)

    co-sign well done fellas



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