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  • ascetic
    04-30 11:49 AM
    Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.

    I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.





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  • redcard
    01-19 01:08 PM
    Here is my understanding:

    Situation 1-

    1. Get New Visa Stamped:

    If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.

    Situation 2

    2. No New Visa Stamped and entering on the old visa

    I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..


    Hope this helps..





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  • a_yaja
    06-26 02:08 PM
    First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.
    Agreed. As per my understanding, "consulting" as per the bill's definition is:
    1. You are working at another employer's location (or client location)
    AND
    2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)

    So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.

    This is my understanding of the bill. There are a lot of people who disagree with my interpretation.

    Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.





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  • ksiddaba
    08-22 03:23 PM
    My questions:
    While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.

    While owning this business one is free to sponsor and support other H1Bs. In other words, you can hire a h1B as well (like your spouse). This could be yourself, although that would be at some level unfair.

    Incidentally, you could get a second H1B to work with your friend through a company that your friend set up to do this consulting work (if your original H1B employer lets you and you keep your original employment). You would have to go through the labor etc. Secondary H1Bs are suprisingly not uncommon.

    As for just signing plans for free, and not being paid for it, but sharing in the profits resulting from the venture is pushing the "intent" of the law. I think what the USCIS wants to see is you taking a passive approach in the business (say giving up front investment) or making contacts available to the business or giving a talk or seminar to promote the business. Signing off a design would I think be considered as day to day operations of the business which would violate the intent of the law. But like all laws (esp. immigration ones) everything is a question of interpretation. You get a good lawyer to back you and you would be ok with how much you can get away with, within the law.



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  • chanduv23
    11-11 04:33 PM
    Dear IV members,

    Attorney Prashanthi Reddy, will be available on IV Chat every Thursday 9.30 PM EST and will answer questions posed by IV members. The chat is available to all IV members with access to the chat room

    http://immigrationvoice.org/forum/misc.php?do=cchatbox

    The chat will be moderated and archived and archives will be made available to all the members

    Our first Attorney Chat with Prashanthi Reddy will be on Thursday, 20th November, 2008 at 9.30 PM EST.

    Thanks,
    TEAM IV





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  • eastindia
    04-26 03:09 PM
    Go watch the simpsons instead of starting funny threads

    Simpsons is not cool. It is gay.

    South Park is hot.



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  • franklin
    07-14 09:58 AM
    Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.



    What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world





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  • swartzphotography
    March 5th, 2007, 09:54 AM
    that is another excellent choice mats the 10 d would suit someone very well that dosent want to spend more than say 1200 bucks on a camera and i would probably choose if i could find one a 10 d over all the above mentioned cameras as mats said it has the metal body and predictave focus and since its not being sold new you could probably find one well under 1000 bucks then use whatever amount you didnt spend on the body to buy a really good lens. cameras come and go but lenses stick around for a while so you mine as well get a good one.

    Does EAD make H1B INVALID for same company?? [Archive] - Immigration Voice

    View Full Version : Does EAD make H1B INVALID for same company??




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  • waitforevergc
    09-04 04:12 PM
    Sadly, RFE's are the norm especially for folks in IT industry.


    Also, when they submitted my H1 extension, our lawyer told us not to file under Premium as it might attract undue scrutiny, so we went normal process.





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  • lostinbeta
    10-22 04:20 PM
    In the Shinra Mansion in Clouds hometown.

    All the way in the basement behind that locked door.

    You have to get the key from the safe which is also in a room in the Shinra Mansion. (up the steps and to the right I believe)



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  • amitjoey
    04-13 06:16 PM
    We have some talented hardworking young men & women who are always on top of things. This group of wo/men are IV-Core. They know all the bills that are being introduced, and definately IV will support whichever one (beneficial to us) if/when it comes out (Either House/Senate). But the thing to remember is that there is a long procedure. Just because of introduction, dosent mean they would be on calendar.
    Some of these bills are place-holders, some of these are just like pressure building tactics, and some are to please some big lobby (High-tech employers lobby) that "look I got the bill introduced", I care. Dosent mean that it will be on calendar. Lots of these so called bills, never make it to the calendar. It might be that one or two may get bundled into CIR.
    NOW. The most important thing for us is to not get excited that this bill, or that bill has gotten introduced. We need to build on it and raise awareness. Not on the forum but by meeting our lawmakers. When lawmakers in all 50 states get some feedback one-to-one meeting with IV members, that will get them thinking. Some of them do not know that these bills are being introduced and mayget introduced.
    It is our goal to highlight that this will help us, so when they go back they pay attention to our issues.
    So if you havent scheduled a meeting with your congressmen, do it. Leave all the rest to the core team. They are already doing the needfull.



    We should definitely support this bill. It will help reduce the EB backlog for us considerably. There are two provisions in this bill which if passed would help reduce the backlog a lot.

    a) Exempt spouses and minor children of the principal applicant from employment-based immigrant visa quotas. At least half the backlog is due to dependents of the applicant using GC visas and this should reduce the backlog considerably.

    b)� Exempt STEM advanced degree graduates who have 3 years of U.S. work experience as a non-immigrant from the numerical limit on employment-based immigrant visas, in addition to those who are deemed to have extraordinary ability, are outstanding professors and researchers, and whose presence is determined to be in the national interest of the United States. Another 20% of the applicants specially with indian passports would fit this category and hence thought would reduce the backlog significantly as well.

    c) The most important thing about this Bill is that it offers some relief entirely for the skilled employees without associating them with the fate of illegals. There is very little controversial elements in this Bill. Remember the main bone of contention between Democrats & Republicans in CIR is about the fate of illegal immigrants and how tough an approach they should have on them. This might easily scuttle CIR this year and we might have to wait till 2009 before anything else comes up again. There is not much that the parties disagree on with regards to Hightech skilled workers and a bill such as this which offers interim relief has much better chance of being passed. Agreed some groups such as IEEE-US might oppose it (specially the provisions related H1B increase) but even IEEE-US does support sorting out the EB GC issues and backlogs and might support those provisions on this Bill.

    In conclusion IV should definitely support this Bill.



    $20 per month.

    EB2 - PD Jan 05





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  • psadhale
    08-04 10:12 AM
    I have the same problem. I have submitted EAD renewal form online on 07/01/08 for myself & my wife. We received the payment receipt but never received FP notice. My EAD is expiring on Sept 20.

    Does anyone know how to tackle this?

    I called USCIS twice but their answers are laways vague. They asked me to wait additional 45 days & also told me I can't work if I don't get the new card.



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  • hopelessGC
    04-28 12:02 PM
    I found this information (probably posted before already), which could explain a little more about USCIS "pre-adjudication" procedures. It definitely provides a glimmer of hope and peace for those stuck in retrogression.

    Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html

    I am posting information form this article that might interest the readers:


    The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:

    1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
    2. Duplicate: the A number associated with the application has already been authorized; or
    3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.

    Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.

    According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.



    Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D





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  • cdeneo
    01-07 03:05 PM
    I would really appreciate input on the following:

    1) What is the impact on a pending I-485 application if one is laid off and files for unemployment? Would an unemployment claim create a problem when I-485 is up for adjucation and about to be approved (assuming by that time one has a same/similar type of job lined up and is not unemployed).

    2) What information does one need to provide for filing unemployment (I read somewhere that the A# - alien number off the I-485 application needs to be provided)?

    3) Does USCIS get notified when unemployment is filed by someone who has an I-485 pending? Would filing for unemployment trigger any RFE's or alerts in the system?

    Looking forward to some good guidance on this topic. Thanks!



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  • vin13
    04-08 12:36 PM
    Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?



    Don't you think the person going on a cruise should make an effort to check this out with the cruiseline?

    Many of you have probably been to niagara falls and been on the boat that takes you close the falls. If the boat by mistake goes even an inch over the canada side of the water, they will check your passports and visas before letting you into US side.:D





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  • rpulipati
    10-05 03:11 PM
    I had similar situation in labor process. The new company attorney mentioned me to do an amendment for labor processing, however I was reluctant and did not continue with it. An year later on pending labor, I received RFE: something like unable to find company. Attorney then sent the company acquisition details. Months later labor got approved.

    Talk to your attorney.



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  • MONCYS
    01-16 11:12 PM
    casted my vote in change.gov





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  • bajrangbali
    06-19 04:34 PM
    US Media standards reached a new low with their double-standards in covering the Iranian election protests. Looks like US media wants to manipulate their citizens with one-sided information and only those news that media DECIDES are in the interest of the people.

    Why is US bothered about the protests in Iran regarding elections? BBC, CNN and other media is flaming those young protester's passions. If you see the comments on these news sites, they all come from Iranians under 25 yrs..everyone knows that is hot-blood age and people take defeat to heart. Media is showing this as a civil war :D

    How about the civil war in Iraq? How about the protests of Indian students in Australia and the racial attacks on them? How about the recent massacre of tamilians in SriLanka?

    Afterall, US media is no different than third-world mafia which can go to any extent to SELL their version..hopefully people have not yet forgotten about the WMD in Iraq :D

    US Media should take care of the domestic issues in US rather than posting biased news and flaming young adults in other countries...

    Self-righteousness and justification of the politicians is shameful to say the least while complaining about the Iran protests while covering up the rapes and abuses in US prisons. And US will not allow Iran to have a nuke :D can you believe that coming out of the only country which used nukes on CIVILIANS and that too TWICE :D

    Ron Paul is right...US should mind their own business instead of maintaining a world empire...lets get the financial crisis mess cleared up..lets get the people back to work and reduce unemployment...why all the hypocrisy, what for??





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  • radhagd
    01-05 09:24 AM
    Well, I won't blame you guys for your decision if things do not work out. I know that it is very difficult to predict , I am going to go with EB2 06 .Just wanted to know what you would do if you were in my shoes.


    If I am you I would go with EB3 I140 and once it gets approve get a copy
    of approval and wait until Eb2 date crosses 2004 and find a desi consultant
    file labour under Eb2 and file I140 port my PD to EB2 .After filing 485 you
    can join desi company at that time.





    new_horizon
    08-03 11:22 PM
    Great idea. But make sure the replies you send are appropriate to the questions. I think those who add that to their signature should be more careful in avoiding jokes or vain words so that others don't take it (signature) lightly.





    factoryman
    07-02 02:29 AM
    IV is so diverse, and mostly anonymous. Quoting one of the greatest persons in history is fine in theroy. But please practice it.

    First and formost, don't become 'touch me not' and withdraw. I am sure you will. Taking umbrage against posts shouldn't turn oneself off, if service, sharing and co-operation is the driving motive.

    I have seen much water flown under the bridge, here at IV, at work and in personal life. We are all here for the avoidable 'injustices' going on against EB based folks: in visa stamping to AOS.

    The whole gamut. Let's say - if most are are turned off (however personal it may be), there is no zest, no life; a place is Sahara, Thar or Gobi would be a perfect place.

    Hope you will take in the right spirit. Got to go. Reaaly going to get unhooked from IV for today.

    yadadaba, i have posted my email in many places. If you want to get info, please email me directly in the future. I will share what I know - IV folks ridiculed me when I said my info from the Ombudsman's office was true. They simply don't want people who have a slightly variant info to raise a voice. I have not personally heard from the O's office on this as I sent my application out on Friday for a Monday delivery without any knowledge of such possibility. If it happens it will really stink...to those who call Ombudsman the barking dog - think before you say - he may have just saved us from loosing 40K visas. Possibly the dates were made current only to clear pre-adjudicated cases. And if thats true, guess what? A window will open again in October. Thats better than where we were without the O's report that may have not impacted anything and the 40K cases ahead of us would still be pending. Its in our greater interest that they get approved and we move up the ladder versus we trying to cry wolf. My 2 cents...


    Something to ponder: "Gandhi's peace marches did not get Independence to India alone. They were radical movements of many people behind it equally responsible if not more. IVs movement is the peaceful one - important but not enough and definitely not filled with exclusivity"



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