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Tuesday, June 14, 2011

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  • genius
    11-20 09:18 PM
    Should we mail paulmcd@cmp.com (Paul McDougall )of information Week.

    See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories





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  • piyu7444
    05-08 07:16 PM
    thanks piyu7444 ... dont we all love green (like green card, green car, green back ...)

    Yeah man atleast I do love all the greeeeeeeeensssssssss from dot to dollar....lol





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  • pappu
    03-17 03:53 PM
    Some recent news from USCIS.

    ======================================

    H-1B Cap Exemptions Based on Relation or Affiliation

    Released: March 16, 2011

    USCIS - H-1B Cap Exemptions Based on Relation or Affiliation (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2eb0652c630ce210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.

    Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.

    Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.

    USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.

    The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.





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  • gc03
    08-15 03:35 PM
    Hello GCwaitforever,


    This should be a solution to the problem. Submit the approved EB-3 I-140 petition with EB-2 I-140 petition.

    "The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition."

    Could you explain more? How above works?



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  • dbevis
    October 27th, 2003, 07:41 AM
    Some shots from yeasterday at and around the Delaware Water Gap:

    http://www.pbase.com/image/22684252



    I really like that waterfall shot.





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  • thomachan72
    06-18 07:25 AM
    But for filing the 485 (US green cared last stage) you need to be physically present within the US and it will be difficult to comute across the border at this stage. This is a very complicated issue and you can never predict the outcome. However, apply both and stay in canada now. Try to complete the 2 year requirement in canada and then you can move back to the US and file the 485. Another thing I heard is if a canadian company hires you and places you in a US location, you can stay in the US and claim years of residence towards the canadian PR, because you are being paid in canada (something like that). If that works then at the same time your LC can be done here. then if dates are current 140 and 485 filed concurrently.
    Anyway lot of us might be thinking about this approach and lets wait for more replies and more clarity.



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  • kevnss
    03-26 02:33 PM
    Any one has any updates/suggestions on my issue posted above?





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  • sanjay02
    07-25 07:36 PM
    Sanjay:

    Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.

    Thnks for the answer, I havent heard of any one being interviewed twice. Once date get current, do I have to go to local USCIS office , after I take infopass?



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  • Amy
    07-12 10:17 PM
    I have the copy of I-140 approval notice. If the old employer revokes I-140 after I leave, can I still carry over my PD? Is there any risk on this? Thanks!

    I-140 can not be ported. You need to start all over again at your new company with new PERM labor and new I-140.
    However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.





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  • saileshdude
    07-21 09:44 PM
    You actually have active TB? Or you are saying your TB skin test came out positive as you had BCG?

    If you had given BCG and your skin test came positive, that's very normal. If your doctor here wants to treat you because your skin test came positive although your chest x-ray is clear, then you probably should change your doctor.

    mhtanim,

    My skin test was positive but chest x-ray was negative. As far as changing the doctor goes, this doctor is actually the USCIS doctor who I went to during last July 2007 fiasco. At that time of rush I did not bother on what he wrote on the medical forms. Even though I had negative x-ray , he wrote I need to follow up with my primary care for INH treatment.

    Also with regards to BCG vaccine , the skin test comes positive only within 10 years after BCG is given. If you still have a reaction after 10 years then that means that you have a passive TB and it is recommended that you get it treated. I had a long conversation with an Infectious Disease specialist and he mentioned that there is no urgency to start the treatment because of age factor. So if there is a doctor you know who says that you do not need to be treated even after 10 years of taking the BCG , then probably you should change your doctor for the sake of your own health.



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  • txh1b
    08-06 07:36 PM
    hi,
    I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
    Can I know a few things
    1. Can he take me out of the GC ?
    2. Can he revoke my EAD ?
    3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
    please help...

    If you are on a H4, you can be taken out of the pending 485 if you go through a divorce.

    1. Possibly can with a divorce.
    2. #1, can be considered automatically revoked if divorced.
    3. No





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  • jasmin45
    02-26 01:20 PM
    If you go out of US and while you are out, if your GC is approved, then you can reenter US with that GC only if you have an AP. If you re-enter US with your H4, then USCIS assumes that you are abandoning your GC...This is what my attorney told me. So, it's better to talk to your attorney before going out of US.

    This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.

    This is just my understanding. Check with a attorney to get precise information.



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  • gcgalore
    08-05 10:22 PM
    I got my approval email today, but my wife's online status remain unchanged received and pending. Does USCIS process dependent's application separately? Both mine and wife's application was sent the same day, FP notices were received at the same time..I mean everything was done at the same time except approval.

    Any thoughts?





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  • siva007
    04-02 05:25 PM
    Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.

    Thanks



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  • for_ac21iv
    06-01 01:21 PM
    Hi,

    I have been a silent observer of the posts here in the IV.
    I like the posts in general, the ideas in particular.

    I am also a member of immigrationportal forums and have
    seen a lot of interest in members there towards separating
    the legal provisions in the senate's CIR S 2611 bill into a new bill/law,
    and see if it can be passed quickly, as the law makers,
    do not seem to have any problem with changes for legal immigrants
    in it.

    - Is this possible ?
    - Can IV help at this critical times ?
    - What would it take to get the House pick the legal immigrant
    items in CIR S 2611 and pass it first ?

    regards,
    ac





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  • RDB
    07-12 09:31 PM
    I e-filed EAD in June 2009 and the case is at NSC.....they did sent me some notice on Friday - which I am yet to receive - not sure if it is going to be a FP notice or request for evidence.



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  • maristella61
    02-27 09:28 AM
    If you have filed for I-485 and you have your receipt # (starting with LIN) and you have a copy of the encashed check or the proof of the financial transaction (could be you, your employer or lawyer) and the online status says I-485 Adjustment of Status pending, then you have nothing to worry about. If you had moved or changed your address it may have been misplaced. But you have nothing to worry about if the checks are cashed and you have the Receipt #.

    You mention receipt number starting with LIN ,I have a receipt number starting with SRC . Anyone know the difference ,if there is one ?
    thanks





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  • nixstor
    05-14 07:28 PM
    This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.

    This means that we have to stay put and work towards our common goal of getting the system fixed.





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  • eb2india
    01-17 05:39 PM
    I had the same problem. I got the card valid for only 2 months instead of one year. I submitted a new application along with which I submitted all the required documents as if I was filing for a new card. Additionally I submitted the Original card which had the typo and a letter explaining the typo. I did not submit any fee. I got my new card after two months. Please go through the instructions on the EAD application which contains information about replacement card.





    needhelp!
    08-31 01:45 AM
    Registering a new country? I hope you are not kidding, needhelp!:)

    Regards,
    IK

    With one appearance in print and one on the airwaves of funasia radio... I couldn't have had a better day. Thanks to IV!! I am a little light in the head right now, and its way past my bedtime.





    alterego
    05-09 07:54 PM
    The Employer won`t be touching the I-140 or any other related GC apps.About the time frame for getting same or similar job...I am seriously keeping my fingers crossed!!!!
    Thanks for all the detailed inputs alterego !!!


    Best advise. Try your best to have an AC21 compatible job offer by Aug/Sept time frame. I doubt you'll see any issues emerging before then.
    Your status is legal as long as your 485 is pending. A job will secure your status. Work hard finding a same or similar one.



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