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Wednesday, June 29, 2011

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  • raysaikat
    05-07 08:42 PM
    Hi,

    My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.

    He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.

    So far i am not able to find other employer who can transfer my H1, and still in US.

    1) How many days I can stay after H1 termination
    0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.


    2) Is it possible to transfer H1 after the withdrawal process initiation.
    There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.

    3) How much time does INS take to withdraw the H1

    4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
    As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.

    Please let me know do I have any other options.

    Thanks
    Rajesh[QUOTE=Myvisa;1808894]





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  • gc_user
    11-27 09:29 PM
    My husband has a unique experience with his I 485.My husband's employer filed I 131 ,I 485 for my husband and I 131,I 485 and I 765 for me on august 16.I recieved my receipts on october 16 and got my EAD approved on November 16. My husband didn't receive even receipt notices.

    When he called UCSIS and checked on his status with level 2 officer, they told that they did not have any info on I485 but voided his I 131 application. He is planning on reapplying for I485.

    Is there any downside of reapplying it as our priority date is september 2003(EB2).





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  • smuggymba
    12-18 08:31 AM
    Cap on skilled immigration unlawful: UK court - World News - IBNLive (http://ibnlive.in.com/news/cap-on-skilled-immigration-unlawful-uk-court/137822-2.html?from=tn)

    London: A temporary cap on the number of skilled workers from India and other countries outside the European Union was introduced in June 'unlawfully', the High Court ruled on Friday.

    Home Secretary Theresa May had introduced the cap as an interim measure before a permanent cap to be in place from April 2011. It was challenged on the ground that ministers had 'sidestepped' parliamentary scrutiny before announcing the
    temporary cap.

    The legal challenge to the cap of 24,100 until April 2011 was brought by the Joint Council for the Welfare of Immigrants (JCWI) and English Community Care Association, and was upheld by judges on Friday.

    The Home Office said this did not imperil its flagship immigration policy but the opposition Labour said the police it was in "chaos" after the court ruling.
    The ruling has nullified the current temporary cap, meaning it is no longer in force.
    The cap was one of the first measures of the coalition government that promised to bring down immigrations from hundreds of thousands every year to 'tens of thousands.
    In today's ruling, Lord Justice Sullivan and Justice Burton concluded that the home secretary had not gone through the proper parliamentary procedures before implementing the cap, which took effect without a vote in Parliament.

    The judges said: "The secretary of state made no secret of her intentions. There can be no doubt that she was attempting to side-step provisions for Parliamentary scrutiny set up under provisions of the 1971 Immigration Act and her attempt was for that reason unlawful." As a result, it said no lawful limits were now in place for Tier One and Tier Two applicants from abroad. The Home Office said it was still "firmly committed" to reducing levels of net migration. "I am disappointed with today's verdict," Immigration minister Damian Green said, adding: "We will do all in our power to continue to prevent a rush of applications before our more permanent measures are in place".





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  • fromnaija
    01-25 05:38 PM
    First off, there is nothing like EAD status. What you are right now is AOS-pending. It does not matter that you are a dependent on your spouse's or parent's adjustment of status application. You may work as long as your EAD is valid. You may also decide not to work if you so desire. As long as your AOS application is in process you are under what is termed authorized stay, so your stay is legal.



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  • jatinr
    08-07 08:14 PM
    :confused:My company has filed my I-485 and not EAD/AP on July 20th.

    I want to file EAD/AP on my own using old forms and old fees before August 17th.

    I would like to know if I can send it NSC where I-485 was filed or as per the new instructions given for direct filing effec July 30th as per new forms.

    Can I file without recieving I-485 receipt by just using Fedex Receipt and Copy of the cheque sent. As this point the cheque is not cleared and I have not received any receipt.

    Does the filing with Fedex option is for people who have filed after July 17th?





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  • Cherrymn
    02-17 04:29 PM
    I was initially issued pp for 5 years in India. Last year in '08 when it was expiring, i sent application for renewal of passport (NY Consulate) based on my EAD. However, instead of renewing it for another 5 years they renewed it for 1 year only. When I called the office, they said that they receive tons of pp's lon EAD which can be renewed for a year only.

    Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?

    Thanks in advance



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  • LegalIndianInUSA
    09-11 10:29 PM
    http://www.uslawnet.com/Englishhome/News/messages/234.htm

    Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
    http://www.murthy.com/news/n_efftrv.html

    But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.

    My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be

    1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?

    2. Get an Infopass appt: Again, an IO may not be the right person responding to this

    3. Contact the USCIS director : possible? how?

    4. Contact AILA

    5. Contact the Ombudsman

    If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.





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  • GC08
    05-26 06:30 AM
    With so many proposals and so many amendments to the so many proposals (:rolleyes: ), which one would actually (or at least help to) eliminate the current backlogs (i.e., make the priority date current)? :confused:

    We should make sure that any bill that potentially becomes a law will resolve the current retrogression issue (instead of making it worse).

    So before we decide the bill to support, can anyone tell which bill will eliminate retrogression? Maybe we can categorize all the bills into the following types:

    1. Will definitely eliminate retrogression if the bill becomes law

    2. May eliminate retrogression or may make it worse if the bill becomes law

    3. Will definitely make retrogression worse if the bill becomes law

    4. Will have no impact on retrogression if the bill becomes law

    :D



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  • milestones
    12-08 10:04 PM
    This is my first time posting here and hope that it would ease my path.

    I am trying to find if any one had the experience or has known about someone filing and H1B with a BSc in Health Sciences in Health Care with Respiratory Therapy option.

    I know it is not possible to get an H1B on Respiratory therapy therefore I am looking for options as a healthcare administrator, health care analyst, health informatics, etc.

    I have done alot of courses in computers like: MS applications, Oracle, Unix, Windows Adminstration, etc and I am close to get an associates in CS too.

    Question:
    - Are there any healthcare fields that require Bachelors degree to get H1 in my case?
    - Can I work in IT and get H1 if the job description says Bachelors in any field?





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  • looivy
    06-25 08:00 AM
    I got FP notice inside 2 weeks of submitting my EAD application. I am in TSC. Again FP depends on when you last Finger prints. I dont everyone 'HAS' to get FP.

    We both have had ours taken. First one in 2007 (July 2007 filing) and second in 2008. Does that mean we are not reqd to take any FPs? Pl advise.



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  • cableman
    06-12 03:37 PM
    Hi all, could U pls. refer a good immigration lawyer in the tristate (NY/NJ/CT) area. Thank u.

    My old company used Fragomen' NJ office. I found them very professional.

    Iselin, New Jersey
    99 Wood Avenue South, 10th Floor
    Iselin, NJ 08830-2715
    USA
    Telephone: +1 732 906 1230
    Facsimile: +1 732 906 9190
    Email: Iselininfo@fragomen.com





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  • ciab
    09-05 10:57 PM
    i could use a flash footer.

    couldnt be bothered doing it myself.....



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  • sammyb
    11-09 03:01 PM
    http://www.murthy.com/nflash/nf_051607.html

    The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.

    Even if the law prohibits it, still companies pass fees and costs to the employee...





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  • sparky63
    February 2nd, 2005, 08:24 PM
    I think Anders is on to something ... his version is definitely more interesting



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  • Sachin_Stock
    12-17 02:55 PM
    Thanks for your reply. Nah,I didn't because I have read some where that post office doesn't forwarded the mails related to USCIS so I informed the tenants about the mail.

    Who told you that? Is there any official guideline?





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  • psk79
    05-28 12:27 AM
    My lawyer said we can use the same non PO Box address mentioned in the EAD to send the AP documents as well. According to the lawyer you can send it all in one big envelope and demarcate the I-131 vs the I-765 or do it like I am, in 2 seperate smaller envelopes and then I am going to put the 2 envelopes in the same fedex package and mail it out.

    Thanks. That's what I was thinking of doing. But then I was not sure why they haven't given the non-PO address for AP. So I was worried and decided to mail one envelope with both the EAD's to the EAD PO BOX address and then the other one with both our AP's to the AP POBox address.. I am not sure what I will do...

    thanks.



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  • Agul
    04-27 01:38 AM
    I thought I did have a good lawyer! We have been with our current lawyer for the past 7 years. Currently, as I am out of the country, and not able to get back, due to the approval, I am at my wits end as to what to do.

    Does anyone know of anyone in a similar situation, or heard about what one can do??





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  • ssdtm
    12-13 06:49 PM
    To be 100% safe, wait for EAD.

    But there are many threads where folks have given their inputs per consultation from their lawyers and have mentioned that EAD "part time" does not invalidate your regular H1 as long as you have continued with your regular H1 employment. Your case is in a grey area.





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  • lonedesi
    07-27 12:35 PM
    Because, if my applications(I-140 & I-485) reached today(Friday) I am safe as I have included the old filing fees for I-140. If the receipt date is Monday(July 30th), then USCIS would expect me to pay the new fees for I-140. Hence my concern.





    h1vegas
    06-30 05:27 PM
    link doesnt work
    pls check and resend





    ash_79
    08-26 10:46 PM
    Hi All ,

    I am currently on L1B visa valid till Mar 09.

    I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).

    Will my return on the old petition cancel my L1 renewal petetion ?

    I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.

    Any views would be greatly appreciated.

    Thanks



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