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  • vivache
    11-01 08:42 PM
    hi there.
    I need to talk to an immigration lawyer.
    Can you refer me an Immigration lawyer in San Jose/Bayarea?
    Also how much does he/she charge per hour?

    I read about the free immigration question/answer through IV. Is there anything for Nov? Thanks.

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  • EB2ToEB3
    08-22 01:53 PM
    I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.

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  • ganesha
    08-04 03:26 PM
    Someone gave me red for this post...i dont understant why???

    That somebody wants to shatter our hopes and have us live in despair:mad:

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  • MCQ
    05-05 01:24 PM
    You need to wait until you have submitted your I-485, and to be on the safe side, got an EAD. The can write these things for pleasure all you want, but the minute you try to sell them - then it's 'Work' and you can only work in the US for the people that sponsored your H1-B.



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  • cchaitu
    07-18 03:40 PM
    I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.

    Can I join new company on my EAD after 180 days of I485 receipt date??

    One quick question:
    What is AC21 provision: is this a clause or any other application or ????

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  • edd
    02-05 05:36 PM
    I am also in the same boat. only spouse received the notice. So did you go FP along with your wife? would appreciate your input on this one


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  • pappu
    07-01 10:00 AM
    To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.

    I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.

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    We generally do not answer people who do not have profile details/ have incomplete profile/ post anonymously/ start a thread only to ask IV to make a show rather than directly contacting IV.

    Your posts were deleted due to the following reason:
    - Read your own post above in red. We would have banned you from this site after you wrote that, but we tolerated you.
    - Do not create action items without consulting IV.
    - You need to follow politics, strategy and developments closely. You joined 2 days ago and trying to run a campaign without fully reading and understanding how things work with bills. Quoting an old bill, not understanding it and and basing your assumptions on that is wrong. Join the effort and be a part of the group to understand the political process. Be a part of a state chapter or a volunteer group in IV and contribute your time to this effort. That work will be more meaningful.

    If you continue to post offensive content and try to run campaign that do not follow IV strategy, we will be forced to deny you access to this site.

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  • nc14
    11-03 04:09 PM
    I am a regular contributor.

    reached $525 and doing $25 from last month onwards.


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  • realizeit
    08-01 04:01 PM
    This movement by Menendez definitely will increse the likelihood of the passage of our bill.

    IV CORE: Probably, it's time for start mobilizing our resources in the direction of Senate aisle as well.

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  • hariswaminathan
    06-21 11:52 PM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor�s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant�s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation �B-1 in lieu of H.� These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler�s duties, length of stay and remuneration plans.


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  • hpandey
    11-05 12:23 PM
    If she gets her H1 visa stamped while returning and then uses that to re-enter the country then even if the I-485 gets rejected then she can continue on her H1 visa and will not be Out of Status. That is a good strategy to maintain status with pending I-485.

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  • ImmiLosers
    03-11 07:56 PM
    To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.

    Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.

    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification



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  • sunshine2007
    08-27 04:49 PM
    I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I'm the primary applicant and in EB3 category. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?

    this is very important.

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  • eb3retro
    09-11 11:48 PM

    We need to understand that we have chosen a tough but worthy effort in the form of this forum. As such it may be depressing to see the slow movement in DC.

    We should not be setting ourselves some timelines like the ones stated in this email thread, and then feel depressed about seeing no positive results within that timeline...there are too many factors outside our control to do anything like that...

    I think we are better off than we where we were last year, when the awareness was nil, and that backlog legislation only favored the RNs and the PTs, while we saw ourselves powerless...

    Lets help the core team..and not get depressed over short timelines...I see light at the end of our efforts...may not be phenomenal..but I am sure it will make a difference...for each of us...


    well said gcmania, I like your attitude.


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  • nviren
    04-28 04:20 PM
    Isn't this the same proposed rule that was published on Feb 14 in Federal Register and the comment period ended on Apr 14th?

    In www.immigration-law.com, go to breaking news section and take a look at posting on 4/12/05.


    Go here

    and look at the posting for date 4/10/05

    I guess DOL has not come out with the analysis of the comments received and its final stand yet.

    Let me know if I am missing something here.

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  • txh1b
    08-20 06:27 PM
    Does she have a 485 pending as well?


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  • xlr8r
    09-28 10:48 AM
    Yes. You can file another FOIA to get the I-140 approval notice.

    You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.

    A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.

    I hope this helps.

    I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??

    Again my original question can I submit another FOIA just to get the I-140 approval notice???

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  • logiclife
    01-16 12:43 PM
    There are some apprehensions on immigration portal about legality of lobbying and having an advocacy group to talk on our behalf and work on our behalf. I have posted a reply there and I am posting that same thing here to clear your fears of "backlash" and "Legal issues".


    There is nothing wrong with Lobbying. It is completely legal to seek professional advocacy for a public cause in order to shape public policy.

    It is regulated and legal. Money given to lobbyist are a matter of public record. Hundreds of corporations do this all the time and some of them have their own people do it and some of them hire outside firms who specialize in such activities.

    Lobbying has become a dirty word in the past 4 years and more so because of Abramoff scandal. But it is not going to end and it will continue happening since ITS LEGAL AND REGULATED AND MONITORED.

    See more here http://en.wikipedia.org/wiki/Lobbying to do research in history and dynamics of lobbying.

    Think about lobbying as hiring a lawyer. You can pay a lawyer as much as you want. Its legal. You cannot pay the judge. That is bribery and that is illegal. Similary we are paying orgs to be our advocates or communicator to lawmakers. No-one here is paying any lawmakers. Not a penny.

    Regarding the reactions BECAUSE we hire professional advocates(using advocacy instead of lobbying since its dirty now due to scandals...its the same thing) ....here is the deal. There are 2 choices:

    Choice 1.

    You can be afraid of raising your voice and afraid of anything and everything including the "RADAR" of god-knows-which branch of government(even though its legal), you can be afraid of your own employer(even though its not against company policy in 99% companies to contribute money to orgs that advocate, I have asked my company and they said its ok as long as its not my own profession to lobby and as long as I am not profiting from it personally...which I am not...its contrary...I and other voluteers have contributed personally), you can be afraid of anti-immigration forces that are not going to do anything but...you can be afraid of them. You can live in a country as free as US and be afraid of things that dont even exist.

    Choice 2.

    You can use your backbone and stand up to raise your voice for something you want and something you believe in. Every once in a while you HAVE TO STAND UP FOR WHAT YOU WANT AND SPEAK UP. Justice is not automatic.

    For the sake of argument, let us say that you are on some-one's radar. Who do you thing that is? What are they going to do? If its government branch or agency, they wont do anything because nothing here is illegal. If its a private anti-immigration org then they will know that there are forces just like them in the opposite direction on this issue for immigration. So WHAT? WE know about them and they know about us. They do their job. We do our job. At the end of the day if we make an effect of even 5% on this issue, it could be decisive. And by the way, there are many other orgs that publicly advocate immigration(including illegal immigration) and they have their websites and phone numbers and addresses. They are not afraid of "RADARS" and "ANTI-IMMIGRATION FORCES". WHY SHOULD WE BE AFRAID OF ANYONE.

    Lastly, if you cannot give up your fears and speak up or stand up...atleast dont scare others. I would really appreciate.


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  • styrum
    02-13 11:50 AM
    Remember: for Job Zone IV position requirements to be considered "normal" (highly advisable to keep them as such!) AND be suitable for EB2, the position must require MS and 0 yrs of experience. But the applicant may have BS+5 years of experience (then you will need reference letters from PREVIOUS employers) to qualify for such position and EB2. For a position falling into job zone V you can safely require MS+ experience. Nobody will deny the application if you are overqualified (have more years of experience than the position requires), but make sure you have at least as many, and remember you can't count your experience acquired with the same employer who files the PERM!


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
    (if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)

    05-21 10:13 AM
    Guys whatever will happen we got to start sending faxes to white house too. We got to overdo the numberusa pepole by far if we want any hope of relief for EB category.If u go on numberusa they r sending fax everyday to whitehouse n congress. So we got to do the same and overdo them. We got to get congress look at our cases and the years of waiting to get our green cards So the forum should do something and we all should start faxing.

    05-04 12:00 AM
    Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -

    1. What are my next steps?
    2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
    3. Would he have to go through his visa stamping again?

    Much apprecaite your reply.


    I am not sure about the next steps regarding the visa. I guess you might to need to file police complaint about the loss of passport and inform Indian consulate. Did you check the USCIS web site for the visa.

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