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  • ds37
    07-16 10:21 AM
    Hi

    My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
    Does her AP has to be applied before end of this I94.

    Thanks

    DS





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  • smit
    02-27 09:20 PM
    Can anyone tell me what was final outcome of this? and which state it was where this happened?





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  • Oasis52
    05-16 08:37 AM
    Hi
    Thanks for the replies

    Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:


    You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.

    If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.



    My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?

    Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?





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  • glus
    07-10 07:54 PM
    I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.

    This is not your business. We are here to help. If a person asks for advise, please provide it if you can. You comments may seem to be valid, but this is not what the user is asking for....

    regards,



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  • msekhargc
    02-13 05:08 PM
    Want multi-year EAD !
    Want to get out of retrogression !!
    Want to get GC faster !!!
    Then click here on IV





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  • satishku_2000
    07-08 04:35 PM
    Just rated and added my comments. Folks dont think about the result , just do your part ...:)



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  • GCwaitforever
    05-24 09:38 AM
    By the way, the article refers to Immigrant Voice instead of Immigration Voice. I can not find e-mail address of the author. Please get in touch with the author if you can, to have this corrected.





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  • bestia
    08-08 09:08 PM
    ...you can also consider getting married :) which will open up more options for you

    ... as well as closing down many other... ;)



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  • manja
    06-29 03:16 PM
    To add my wife I'll need to pay 500+ per month which is pretty expensive. That's why I was looking for outside options. I found some on ehealthinsurance but none of them cover pregnancy.





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  • acecupid
    04-14 10:10 AM
    One of my collegues who works for the same company and has the same priority date as myself (March, 05 EB3 ) got his GC last year. Thats the only person I know personally who got his GC out of turn. I havent heard of any other cases, so I am guessing its a pretty rare occurance.



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  • jsb
    03-27 09:31 AM
    I agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".

    Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?

    I agree and share your views on how someone should treat a guest, etc. But I just stated facts.

    Regarding open letter to Obama mentioned above, I agree with it one hundred percent. Focus of the letter should be (i) workers are highly educated, (ii) they are legally working and paying taxes, (iii) they are approved for GC, and are simply waiting for completing work on adjustment of their status, (iv) administrative inefficiency. Remember when one files for AOS, a visa is supposed to be already available for you (although due to USCIS bungling that has not been the case).





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  • MerciesOfInjustices
    05-22 12:48 AM
    On Monday, May 22, 2006, a very important new study was released on the "impact of backlogs, processing delays, and long wait times on legal immigrants seeking to join the U.S. workforce as skilled employment-based and family-sponsored immigrants". Aman Kapoor and Shilpa Ghodgaonkar from IV spoke at the release as did Senator Cornyn! The title of the study says it very clearly - Legal Immigrants: Waiting Forever (http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf)!

    Certainly this is a great study, for several reasons.

    It is the first of its kind
    It is derived from official data, not from anecdotal evidence
    It is written by independent, non-partisan scholars, who are not immigrants!
    It confirms the need for fixing the 'Legal side of Immigration' ASAP!

    Among the findings of the study:
    • Waits for green cards (permanent residence) in the Skilled Workers and Professionals category have worsened considerably in the past few years, with the current wait for a newly-sponsored high skill immigrant in this category exceeding five years.


    One of the co-authors is Stuart Anderson, Executive Director of the National Foundation for American Policy. He is very experienced on Immigration matters, and has served in the INS (in Policy/Planning) and on Capitol Hill. Impeccable credentials - though I would not support anybody on the operations side of the INS! He might have even authored the language of some of the laws that govern us now, when he served on Sen Brownback's staff!

    Stuart Anderson, Executive Director of the National Foundation for American Policy, served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003. He spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. Prior to that, Stuart was Director of Trade and Immigration Studies at the Cato Institute in Washington, D.C., where he produced reports on the military contributions of immigrants and the role of immigrants in high technology. He has an M.A. from Georgetown University and a B.A. in Political Science from Drew University. Stuart has published articles in the Wall Street Journal, New York Times, Los Angeles Times, and other publications.

    Amongst others on NFAP Advisory Board, the name of James Ziglar stands out. Many of us remember him as the former head of the INS - definitely somebody who is well-versed with Immigration matters.

    But, this Board also includes Prof Jagdish Bhagwati, renowned economist - certainly a very learned & highly-skilled immigrant. (Interestingly, if Prof Bhagwati had to apply for his Green Card today - he would get it only in several years! Or, they would have to get an Act of Congress for him!). Also on the Board is Cesar Conda, who was an advisor to Vice-President Cheney on domestic policy.

    The official release (http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf) of the study took place at Washington D.C.
    Senator John Cornyn, a Texas Republican who opposes the current guestworker plan in the bill being debated in the Senate, said he had offered an amendment to the bill that would eliminate the quota for some highly-skilled workers educated in the US. He said economic competitiveness was at stake in the way in which the issue was handled.

    Aman Kapoor, founder of the group (Immigration Voice), says the broken employment-based immigration system forces workers like him to live in a state of limbo. People working in the US who are waiting for their green cards, as he has done since October 2003, cannot change jobs or move up in position, thus restricting their opportunities, he says.

    It was also covered by MSNBC (http://msnbc.msn.com/id/12919954/).

    Please look up the NFAP website NFAP (http://www.nfap.com)! It is amazingly accurate, and uptodate. It highlights mostly H-1B related issues, but is very knowledgeable about the business aspects of Immigration.

    We already know our issues, but a study from non-partisan scholars adds immense weight to them! Even if this study goes beyond our issues, all of the issues will be important to us or our family at some point of our lives!

    In summary, this study will be huge in advancing our cause!



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  • 21stIcon
    09-21 11:21 AM
    RTC is going to buy mortgage paper for market rate not for actual worth which would destroy banks balance sheets and dollar value.

    Housing market did not stabilize until 1995, housing picked up due to late 1990's IT boom , so RTC would not stop plunging housing market , housing correction still years away.

    anticipate sluggish GDP for years which would translate into bad income growth, housing would not improve when personal income deflates.





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  • smgms
    07-11 09:51 AM
    I would recommend get the report both for you and your wife.



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  • nozerd
    09-06 04:39 PM
    Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.





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  • small2006
    07-11 05:30 PM
    Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.

    Thanks

    FYI: I know you didn't direct the question to me but just thought I'd let you know my experience there.

    The two times that I have been there, I was told that they don't do anything with EB GC applications. Instead they are a strictly family based GC processing center. That must be BS because when I talk to USCIS they ask me to go there 'coz that's the nearest but when I go there, nothing happens.

    I'd like to hear from anybody else who have any experience going to San Antonio center. (Fourwinds Drive location).



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  • arc
    08-03 05:29 PM
    When I open this post the AD on the top of the page said "zero calorie noodles" ha ha I could not resist I had to write a few lines...

    Dude - Life is too short, eat drink and be merry :p when you become 80 - even if you have 6 peck no one is going to want to look at you :D

    (do some workout like fun sports (Gym is for the dedicated ones) to stay active)





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  • don840
    04-03 08:03 PM
    The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
    I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.





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  • thescadaman
    11-04 09:23 AM
    A little over a months time, I received a letter saying that the typo on my last name has been corrected. I could confirm that since the mailing address had all the correct details.

    Hence, I guess, their typo correction system is a bit slow but it works!

    ISSUE RESOLVED!





    kishdam
    03-25 09:33 AM
    We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D

    Support from president was there even last year but nothing happened. For immigration key is congress and so the lobbying.

    Most of key politicians recognize the need to reform immigration practices in general and skilled immigration rules in particular - but immigration is an emotional issue and congress has complicated rules for anyone who want to scuttle even a small change. Hope some bill is in the works that give us some relief without raising too much opposition.





    ramaonline
    12-28 02:21 PM
    Some in this situation are planning to do the full time MBA from the IIMs / ISB under NRI quota which requires gmat score. check topmba.com for info on international schools etc



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