sbabunle
09-05 05:38 PM
I have a hypethetical situation
1. Say in the election Dems get both house and Senate AND
2. No compromise happens in CIR at Lame Duck Session too. Also
no SKILL passes too AND
3. New winners Sworn in and its congress controlled by Dems.
Now what is the status of the CIR that was passed in the senate and
that house bill passed? Does it expire or go annul? Or can these
new members come a compromise on that? What could be the attittude of the congress member towards it? It would be really interesting to know the
legal sides and political attittude of lawmakers to it.
thanks
1. Say in the election Dems get both house and Senate AND
2. No compromise happens in CIR at Lame Duck Session too. Also
no SKILL passes too AND
3. New winners Sworn in and its congress controlled by Dems.
Now what is the status of the CIR that was passed in the senate and
that house bill passed? Does it expire or go annul? Or can these
new members come a compromise on that? What could be the attittude of the congress member towards it? It would be really interesting to know the
legal sides and political attittude of lawmakers to it.
thanks
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ita
01-16 01:38 PM
I was trying to find out if it is possible to switch from H1-EAD-H1 all the while staying in the country.
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
malibuguy007
02-06 05:38 PM
I don't know where you are but as far as California is concerned, most non-compete clauses are not enforceable.
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jsb
03-25 03:53 PM
Several weeks ago, I sent two messages to Obama about immigration issues, using "contact us" link on the whitehouse.gov website. Surprisingly today (after so many days) I got an email receipt back from them. Even though their message only had a standard reply, but it looks like some one is actually reading the messages (otherwise I would have gotten a standard reply immediately).
My suggestion to IV & everyone else here is to use this method to send out our concerns to the president. Specifically request recapture of visa numbers...add that it will help resolve the housing market problem.
"contact us" gets so many messages everyday (which are first thoroughly cleared by security), that even standard acknowledgement takes days. I don't think your acknowledgement came after somebody read and understood your priority date or country limit immigration concerns.
My suggestion to IV & everyone else here is to use this method to send out our concerns to the president. Specifically request recapture of visa numbers...add that it will help resolve the housing market problem.
"contact us" gets so many messages everyday (which are first thoroughly cleared by security), that even standard acknowledgement takes days. I don't think your acknowledgement came after somebody read and understood your priority date or country limit immigration concerns.
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aarzoo
08-23 06:23 PM
It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
glus
10-20 08:22 AM
Hello,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
hi there,
There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.
Best Wishes,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
hi there,
There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.
Best Wishes,
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namm80
01-10 08:43 PM
prout02: You mind sharing if you are in the Bay Area, CA or elsewhere? It seems to me there are 2 variables to this FP scheduling:
a) When USCIS receipts and begins processing (For Xfr applicants, this would apparently be the date when the new center receives the case).
b) Center where FP is to be scheduled. A more crowded place might mean longer waits.
Just a thought....
My attorney opened two SRs and nothing happened for two months. When I had given up all hope...there comes the FP notice for 1/3/08. I don't know what did the trick. But I am off of that daily USPS mail checking business for now.
Also, the case status remains the same with two updates to the LUD!
a) When USCIS receipts and begins processing (For Xfr applicants, this would apparently be the date when the new center receives the case).
b) Center where FP is to be scheduled. A more crowded place might mean longer waits.
Just a thought....
My attorney opened two SRs and nothing happened for two months. When I had given up all hope...there comes the FP notice for 1/3/08. I don't know what did the trick. But I am off of that daily USPS mail checking business for now.
Also, the case status remains the same with two updates to the LUD!
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gc??
04-26 02:31 PM
I�m in EB2 and My I-140 was approved September 2008 through Employer A. My priority date is March 2008. I moved to Employer B. My old Employer A will not revoke my I-140. He is ready to hire me again, If I want to go back. I am completing 5 years in January 2011.
It would be great if I get answer the below my Question:
1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
3. which one is best choice, like staying with employer B or going back to Employer A.
Thanks for your help.
Ram
If your first company is willing to take you back and you will be able to file 485, why do you want to start the process with emp b?
It would be great if I get answer the below my Question:
1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
3. which one is best choice, like staying with employer B or going back to Employer A.
Thanks for your help.
Ram
If your first company is willing to take you back and you will be able to file 485, why do you want to start the process with emp b?
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black_logs
05-01 01:20 PM
You can't get an apointment for June, until you can prove you have an emergency. Also you should make your appointment at the post according to the permanent address on your passport.
Folks,
I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.
Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :
Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?
You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.
Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?
I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.
Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(
Folks,
I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.
Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :
Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?
You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.
Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?
I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.
Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(
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snowcatcher
05-22 08:02 AM
I believe this is the transcript of the article that was referred above. It says March 2006 on it and it was done for House Subcommitee on immigration. Hope this link works.
http://www.nfap.com/researchactivities/articles/Testimony033006.pdf
http://www.nfap.com/researchactivities/articles/Testimony033006.pdf
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wandmaker
08-26 06:07 PM
Thank you very much for your prompt reply. Greatly appreciate.
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?
Regds,
Vani
No way, you will have to ask your employer
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?
Regds,
Vani
No way, you will have to ask your employer
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thomachan72
01-04 12:38 PM
Will take a look once I get home today:):)
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ayazali17
12-18 01:56 PM
Thanks for answering all my questions.
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sanju
03-06 02:59 PM
What are you talking about?
Somebody here said Zoe Logfren was able to get her bill passed on wednesday. All I am doing is asking what was passed and where?
Am I missing something?
Sorry, that was not directed at you, it was directed at the agenda that mirage is trying to set the agenda.
Somebody here said Zoe Logfren was able to get her bill passed on wednesday. All I am doing is asking what was passed and where?
Am I missing something?
Sorry, that was not directed at you, it was directed at the agenda that mirage is trying to set the agenda.
more...
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skagitswimmer
June 19th, 2005, 01:19 PM
and here is a version with FM 3 and a touch of level and contrast adjustment.
by the way - the avocet portrait is great.
by the way - the avocet portrait is great.