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  • hoolahoous
    11-11 09:08 PM
    there is no law/rule saying that you need to stay with employer after getting GC. However, GC is for future employment, so some people have been asked in past (just read on internet, so take with grain of salt) at citizenship as to why did they apply for GC for an employer they didn't want to work for. IF you get asked that question, you need to have a valid answer (layoff etc.). Also that question alone may not decide the fate of citizenship.


    PS: I am not a lawyer, so this is not a legal opinion.





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  • lj_rr
    08-02 06:54 PM
    Same day - never?
    It takes 1 or 2 days depending on the rush.

    Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.

    Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.

    Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?

    thanks





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  • Sachin_Stock
    02-03 08:51 AM
    Your company would be better off by submitting audited financial to avoid any possible RFP on ability to pay! Also ability to pay not only depends on current standing, if your employer is filing more EB2 for future jobs then he/she may have to prove the business necessity as well.

    Good luck.;)

    Just curious. Who's the author/source of that article that you provided the link for? :)





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  • cbpds
    05-18 01:24 PM
    How about thread "lighten up"??? Although its not relevant to Immigration, it sure is a good thread that helps everyone to lower their blood pressure after reading visa bulletins and other Immigration hassles.

    There are not many insignificant threads that encompasses Immig threads, moreover if you notice they show up when not much is happ on a particular day

    my 2c

    There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.



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  • inthehole
    08-24 01:15 PM
    "You need information or other services"

    I used this option. I tried in the afternoon around 1.00PM
    Hope this helps!

    Hi aps1,
    Thanks for your response. I selected the option you mentioned and I am able to get the appointment.

    The reason for my infopass is its been more than 90 days since I filed for EAD. There is one option specifically for this scenario. When I selected this option I am getting "No appointments available" message for the past one month.

    May I know what is the reason for your infopass?. Is your infopass is due to the delay in EAD renewal process?





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  • upuaut
    09-10 04:18 AM
    you know.. I meant to do this a while ago, but lost track of the thought. I have a write up in one of my books, done by Colin Moock, in which he takes his frame rate tester and tests a variety of things to see which effect frame rate and to what degree. I really do think it's worth posting. I'll try to do a small write up on the subject soon.



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  • HumHongeKamiyab
    12-16 05:46 PM
    Does anybody know a good employment lawyer around houston area? I need to discuss my non-compete agreement with a lawyer ?

    Thanks,





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  • PDOCT05
    10-31 09:54 AM
    ^^^bump^^^^^^^^^^



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  • GCBoy786
    08-27 06:31 PM
    I called USCIS and they told me to wait for 30 days and then give them a call back. If I call them after 30 days about the missing card, they might open a case for it. I am not sure how many days it will take for them to send the replacement card.

    Should I go ahead and send them the replacement application for the missing EAD? any suggestions/experiences?





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  • transpass
    01-06 11:37 PM
    IMO I think it's risky to apply parole while abroad. I think it will be rejected and the 485 is considered abandoned.

    I think you should check with the lawyer for accurate info...



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  • bigboy007
    08-14 11:04 PM
    if your application is ready to get a visa you will get it , we cant force USCIS to do some things neither its a defined process that application SHOULD be preadjudicated its like a best practice

    I have recieved date july 17th 2007, Notice date sep 13th,recieved by R Williams.I have not got RFE till now, no 2nd finger printing notice. Should I go to USCIS and ask them to take a 2nd finger print.No clue that FBI Name check is cleared.WHAT TO DO?





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  • raoece
    07-06 05:10 PM
    once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.



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  • franklin
    06-19 08:12 PM
    Sorry if this is too basic. But can anyone tell me if passport photos taken from Kinko's will work for filing 485, AP, EAD, etc.?

    Someone told me that USCIS does not accept digital photos or the digital photos have to meet certain quality requirement (something like that). I went to Kinko's near by and found out their pictures were digital too. So wondering if anyone had any problems with that (like USCIS rejection of the photos).

    Thanks in advance!

    Digital are fine, but there are some quality requirements. Check these sites for more details


    http://travel.state.gov/passport/guide/guide_2081.html
    http://travel.state.gov/visa/temp/info/info_1287.html
    http://www.uscis.gov/files/nativedocuments/M-603.pdf





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  • nid
    05-19 10:21 AM
    Guys,

    I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.

    I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.

    Thanks



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  • ngopikrishnan
    04-06 08:09 AM
    sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.

    Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.

    3 Year Extension Statute under AC21 �104(c)
    �104(c) One-Time Protection Under Per Country Ceiling.

    Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–

    1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and

    2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

    USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:

    The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:

    (a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.

    Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.

    1. Procedure for processing “one-time protection” benefits

    In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.

    The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.

    Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.

    III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT

    Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
    Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).

    Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
    Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

    Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
    Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.

    P.S.

    1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf

    2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Please take the above info with a grain of salt and consult your lawyer!!!





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  • cybergold
    05-13 09:25 AM
    :beam:



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  • zdash
    10-26 02:32 PM
    In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15). I went through 4 yrs of high school, got my GED followed by an associate degree from community college and now I'm an undergrad student pursuing my bachelor degree; will graduate in a year. Meanwhile, my mother became a U.S. citizen through marriage when I was a sophomore in college, simultaneously my I-130 was approved and now waiting for the visa availability; the priority date: Dec 08, 2006, F1.
    Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
    Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.

    Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.

    On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.

    With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.

    Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.

    If there is any hope, your help/advice/inputs will be greatly appreciated!





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  • lahiribaba
    03-01 02:30 PM
    Friends,

    I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.

    Thanks.

    you say you will "complete 3 years since landing in Canada"
    then you say " I have not livied in Canada more that a couple of weeks since landing"

    With these kind of contradictory statements they will definitely send you back from the border. back to where i am not sure.





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  • amitjoey
    11-27 04:23 PM
    ..All USCIS wil be doing is processing EEADs and AP..



    And making 60 million dollars by issuing EAD and AP's every year. Who would want to kill a CASH COW. That is not a mess for them.





    brb2
    04-16 10:40 PM
    Advanced degree = MS and higher

    Generally STEM - Science, Technology, Engineering and Math all fall under Science/Engineering colleges. Anthing out of this college including MBA, MA, Accountancy, Marketing etc are not included in STEM.

    I am wondering if social science degrees would qualify as STEM. Some examples are -

    MS in Psychology
    MS in Administration and Criminal Justice
    MA in History
    MA in Political Science
    MS in International Relations
    What would be considered STEM

    --------------------------------------------------------------------------------

    What would be considered STEM? Would all professional that are eligible for H1B such as an Accountant or an MBA in Finance or Marketing be considered STEM? Or its just S T E M?





    rayen
    05-27 07:08 PM
    Experts,
    I am in the process of applying AP ( Paper) What should I put Q3# Class of Admission . I used my AP while entering but still in H1. Please advice.

    Thanks,



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