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div_bell_2003
01-09 04:42 PM
http://immigrationvoice.org/forum/showthread.php?t=18737
Can some one tell me which documents do I need to send for EAD and AP renewal. Also my EAD and AP expired before 4 months. Till date I have not used EAD and AP but now planning to use. So need help on that.
Can some one tell me which documents do I need to send for EAD and AP renewal. Also my EAD and AP expired before 4 months. Till date I have not used EAD and AP but now planning to use. So need help on that.
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psaxena
03-03 03:13 PM
Seems to me like a planned execution to torture and frustrate us.
zCool
06-11 04:23 PM
Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT
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delhikadesi
05-03 10:00 AM
thats bad to hear beautiful mind..
sometimes we say things without the complete context...
in that case you deserve to be eb2
sometimes we say things without the complete context...
in that case you deserve to be eb2
more...
nish
10-06 04:24 PM
Hi,
I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?
Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa
Please advise
Thanks...
I have approved H1 through consulate processing for the year 2009 and I am currently working on L1 visa which is going to expire on nov 2009.
My company is not going to extend my visa.Is there any speedy process where I can do COS with my approved H1 and how much will it cost to me?
Another thing I want to ask that Is it advisable for going back India for stamping as I heard that US consulate people are rejecting H1 B visa
Please advise
Thanks...
NKR
09-30 09:29 AM
Its hard to gauge what they are trying to do here by mentioning that the processing dates are accurate only as of July 31, 2008. But just attempting to make a few guesses. I might be totally wrong though
- May be they are trying to cover up their silly, non-backable acts of swinging Processing Dates back and forth as a pendulum. And hence keep the web posting data perpetually at a older date, so that if some official corners them they can say "Oh, forget the web data, it is out of date. Here's the more updated *internal* info" . But at the same time to the general public , they can point to "Go look at the web data, I can't open a service request for you based on where the processing dates are at" and thus avoid all accountability and head aches of opening service requests etc.
- May be they are going to fast forward the dates now that the PDs are retrogressed and people can't file service requests left and right based on processing dates outside normal processing times.
Dude, you reasoning does makes sense in this thread and in the other thread where people are talking about asking for accountability.
On a side note, I notice that your PD is in 2001 and your id is optimistic. Hope you keep the optimism alive�
Take an infopass appointment to know if your name check is cleared. I did the same, I couldn�t find out what was happening to my case, but I did find out that my background is cleared.
- May be they are trying to cover up their silly, non-backable acts of swinging Processing Dates back and forth as a pendulum. And hence keep the web posting data perpetually at a older date, so that if some official corners them they can say "Oh, forget the web data, it is out of date. Here's the more updated *internal* info" . But at the same time to the general public , they can point to "Go look at the web data, I can't open a service request for you based on where the processing dates are at" and thus avoid all accountability and head aches of opening service requests etc.
- May be they are going to fast forward the dates now that the PDs are retrogressed and people can't file service requests left and right based on processing dates outside normal processing times.
Dude, you reasoning does makes sense in this thread and in the other thread where people are talking about asking for accountability.
On a side note, I notice that your PD is in 2001 and your id is optimistic. Hope you keep the optimism alive�
Take an infopass appointment to know if your name check is cleared. I did the same, I couldn�t find out what was happening to my case, but I did find out that my background is cleared.
more...
atlfp
04-08 02:44 PM
Thanks for the effort. Obviously it is not their interest to release the data, that's why we need to figure out a way to force them to discose such data. I think it's possible to get a court order to request such data.
If you look at the visa bulletin, you can be absolutely sure they are not seriously counting EB3 numbers. There is no description/predictions or whatsoever on EB3 category, which means they have no solid data to support their EB3 cut off data. They are just waiting for the 245i flood to come.
Atlfp,
I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.
Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.
So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.
Will keep members posted on this.
best,
Berkeleybee
If you look at the visa bulletin, you can be absolutely sure they are not seriously counting EB3 numbers. There is no description/predictions or whatsoever on EB3 category, which means they have no solid data to support their EB3 cut off data. They are just waiting for the 245i flood to come.
Atlfp,
I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.
Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.
So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.
Will keep members posted on this.
best,
Berkeleybee
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chanduv23
09-15 08:40 PM
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
Whatever you say I take it - BUT PLEASE DO MAKE IT TO DC AND TRY TO MOTIVATE PEOPLE
Whatever you say I take it - BUT PLEASE DO MAKE IT TO DC AND TRY TO MOTIVATE PEOPLE
more...
maddipati1
10-26 02:24 PM
First, listen to this looking at the video.
Then, listen with eyes closed or looking away.
http://www.youtube. com/watch?v=aFPtc8BVdJk
Then, listen with eyes closed or looking away.
http://www.youtube. com/watch?v=aFPtc8BVdJk
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knnmbd
04-28 02:45 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
more...
hinvin66
05-05 04:44 PM
Rental income, stock dividends and interest are allowed under passive income. Passive income is allowed for H1-B (I had/have a rental property in a different state in the US, while I was still on H1B. It's a different matter that I am an EAD now...)
Please check if selling intellectual property (i.e., "Apps") on a website is a classified as a passive or an active income. I am strongly inclined to believe that it is a passive income as you are NOT doing the work of selling stuff (for example, if you sold stuff on eBay, that is passive income). Please check with an immigration attorney AND a CPA about the classification of active vs. passive incomes as it relates to web based businesses.
If it's confirmed to be passive - go ahead and make money.
Please check if selling intellectual property (i.e., "Apps") on a website is a classified as a passive or an active income. I am strongly inclined to believe that it is a passive income as you are NOT doing the work of selling stuff (for example, if you sold stuff on eBay, that is passive income). Please check with an immigration attorney AND a CPA about the classification of active vs. passive incomes as it relates to web based businesses.
If it's confirmed to be passive - go ahead and make money.
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LostInGCProcess
11-12 02:25 PM
Thanks all for your replies.
Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?
Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).
Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?
Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).
more...
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samswas
06-22 12:55 PM
My H1B extension got approved few weeks back and H1 extension is starting from 09/24/10.
My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.
My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
Because its start date is 09/24 so do I need to wait till that date before re-entering.
What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.
If I'm in your situation, I would do this ----------
Get the stamping in India. This is by showing your current H1B which is valid until 9/2010. At the port of entry, show your new H1B, and get I-94 until validity of your new H1B.
My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.
My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
Because its start date is 09/24 so do I need to wait till that date before re-entering.
What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.
If I'm in your situation, I would do this ----------
Get the stamping in India. This is by showing your current H1B which is valid until 9/2010. At the port of entry, show your new H1B, and get I-94 until validity of your new H1B.
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langagadu
03-04 04:20 PM
By the way, what do you smoke?
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
more...
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ak_2006
04-30 03:05 PM
Thanks GC_ON_DEMAND for the quick update.
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gceb3holder
02-27 09:19 AM
Glus
That was exactly what I was looking for.
What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.
Tks!
That was exactly what I was looking for.
What happen if the employer fire me because the project I am working on finishes and they can't reallocate me right away? Or for any other reasons? Of course I will not push anything to be fired, but it is a situation that can happen, specially with IT.
Tks!
more...
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sridharnarasimha
04-09 08:32 PM
I went for H-1 renewal after 10-year completion. All set for 13 years on H1B. I also renewed my EAD but do not plan on using it. I did not renew my AP after the 1st year. My employer pays for H1 renewals but not EAD and AP renewals. So it was a no-brainer for me. Visa stamping is an hassle, but it is worth the trouble when considering the money saved in not applying for AP for 3 of us in my family for 3 years.
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coopheal
12-03 06:35 PM
Bump
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thomachan72
04-19 07:48 AM
Please change the color or font. Its giving the feeling of getting a slap
Please concenterate on his message. It seems very important to the person who asked the question.
Please concenterate on his message. It seems very important to the person who asked the question.
sagar_nyc
03-07 03:42 PM
I was with Company A. and had visa stamped for company A till Dec 2006. I switched from Company A to B in Nov 2004. and travelled to India in July 2005. Since I had a valid visa from company A, I didn't got it stamped with company B. Although I carried my transferred H-1 (Company B) and showed it to Immigration Officer upon arrival, which he was fine with.
Again This is not a legal advice. Please consult to lawyer before leaving.
Good Luck
Again This is not a legal advice. Please consult to lawyer before leaving.
Good Luck
saurin
02-09 09:24 AM
I inquired about the possiblity of LOA and that is definately possible according to my manager. Now how to get paystubs when there is an RFE?
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