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  • aguy
    01-05 12:53 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of 7.27.2.1. See me dilemma?





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  • randallemery
    06-06 07:04 AM
    My home city is holding a hearing tomorrow on immigration, and I'd like to offer up the opportunity to take your collective feedback to the hearing.

    What are the issues that you face in everyday life? What are things you have to do now that infringe on your ability to be as productive as you could? What are things that you are prevented from doing?

    How do you think local governments might act to improve the situation to the benefit of everyone?

    Cities do have an interest. For example, divided families have well documented ill affects on children that lead to risky behaviour and increased local social issues. City tax revenues are lost by the inability of H1B visa holders to start a business or to move to higher paying jobs.





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  • h1techSlave
    12-04 04:57 PM
    Increase in H1B with out corresponding increase in visa numbers is bad for us. But the industry is all for it. They will get a ton of slave labor for the next 5-10 years.

    Somebody needs to look at the issue of mismatch between increased H1-Bs and visa numbers for greencards. Otherwise the current green card backlog for some EB countries will only widen leading to untold suffering for people from many countries. Maybe they should have a new visa similar to H1 but which does not allow the holder to apply for a green card. The better solution is of course recapture of visa numbers. Simply increasing the H1-B quota will be quite detrimental.





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  • ndswaiting
    05-01 06:15 PM
    I have been a silent follower of IV for more than a year but this is my first post so be kind :)

    I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().

    I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.

    The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.

    I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.

    Thanks in advance :)



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  • simple1
    10-26 05:59 PM
    I have personally seen few indian-nationals with US-GCs telecommuting on short-term (arround 30 days) while on vacation in india paid only in usa payroll and paying only USA taxes. The same may be applicable for AOS/AP/EAD.

    I think.
    short term (arround 30 days) - may be ok.
    vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.

    I fully agree with mcq except for duration part.

    Here's how I see it.

    If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.

    Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).

    so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.

    one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.

    Hope that helps

    McQ





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  • bobby
    04-19 01:15 PM
    Yes, I can file for adj. of status 5/1
    PD 5/03 ROW EB3



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  • pappu
    12-17 09:57 PM
    I attended the event at UMass Lowell. Congressman Marty Meehan and new governor elect Deval Patrick were at the event. The topic of discussion was "global warming". Both governor and congressman took off after the event but I had a chance to talk to their staff.

    One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.

    MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.
    Great effort. If all of us have the same kind of drive and effort, we will surely get the law passed soon.
    Pls follow up with the staff and also try to get an appointment with this lawmaker. If you can go and take some other MA members along, it will be helpful.





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  • eb3India
    04-09 01:24 PM
    Hasn't he given many speeches like this before as well? I mean he has been giving speeches on immigration since 2004 yet nothing has happened so far. He addressed it on State of the Union speech, prime-time speech from the oval office, and countless other occasions but what has been the end result - NOTHING. I wouldn't keep my hopes very high just because Bush said so. It�s all up to the congress now.

    I know have gave many speeches and nothing happend, itz all about politcs, location was Arizona where he wanted to show many Reps about how border security is improved,

    This is his first speech after STRIVE has been introduced, I am just forseeing on coming debate all over the media again,



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  • STAmisha
    11-17 12:51 PM
    My lawyer thinks they have not even started looking at TR applications.
    He told me that he will file RIR conversion. What exactly is the procedure?





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  • hariswaminathan
    10-16 08:45 AM
    EB5 investor Visa is already in place.
    The numbers are a little different ($500,000 to $1M) but you can buy yourself a GC pretty quickly.



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  • puskeygadha
    01-13 03:29 PM
    oaktree

    I am live example..
    my perm was denied..and we filed MTR which has not gone through yet
    then my company filed another perm but for a different position and
    description..that got approved..

    i extened H1 with MTR but lost my priority date..which does not matter to me
    since i am EB2 and Rest of the world...just incase my MTR gets accepted
    i can use that PD





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  • manand24
    08-11 01:10 PM
    Pd April 2006
    Rd 07/02/2007 (nsc)
    I-140 approved 10/2006



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  • suren
    10-07 01:09 PM
    My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.

    My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.

    But my question my I94 is expired on 9/30 then what is my current staus.

    thanks in advance.





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  • sprash
    03-02 05:09 PM
    ok, here is the story:
    http://marketplace.publicradio.org/display/web/2009/03/02/foreign_tech/



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  • Sakthisagar
    04-30 10:07 AM
    I feel I had taken the right decision. I moved back to India in Nov 09 itself. I had a PD of feb 08 and was in EB-2 but looking at all the mess,I had decided to move back.

    Good for you do you feel in India politics is much better?? man still a forgein lady is ruling India. if you are in India why you bother about this mess. be at peace with yourself. enjoy life. dont bother ..





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  • eb3_nepa
    02-12 10:46 AM
    Hi,

    I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?

    Thanks



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  • newon
    07-21 09:57 PM
    Hello,

    I have a couple of questions here:

    1) The last digit of the I-94# number is not very clear(Not sure if it is a 3 or 8). What do I write in the 485? Is there any way to find the correct one?

    2) I filed the I140 without providing the A#. I understand that when I dont provide one, a new one is generated. And the A# is usually used to link the 485 with the 140. Now when I apply for 485, if I give the A# from my OPT EAD, will it be a problem because a new number will be already generated for I140? Should I write the A# in 485 or just leave it??

    Thanks in advance for all the replies.





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  • Nagireddi
    09-02 09:37 PM
    Any updates or idea on what happened on August 31st senate judiciary meeting on SKIL bill? PLease let us know IV members.





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  • mrajatish
    01-22 10:36 PM
    Definitely there is a plan. Let me put it this way -
    1. There is a lot of work to create a non-profit org. and the initial founders of this org. has achieved that.
    2. Once you set up a non-profit org., you are audited by IRS to make sure that none of the funds are used for personal expenses. So, there will be no misappropriation of funds.
    3. I think it is pretty clear that a large part of the money will go towards lobbying.
    4. People are spending money to go to Washington DC from all across US - that is where they are making the plan.
    5. Please call the number on the website for a couple of minutes to find more details.

    Remember this organization can be a huge factor in deciding how long you will have to wait for your GC.
    Thanks,
    Raj





    lermitthefrog
    06-15 02:41 PM
    WOW! that would be great. All you have to do is fill out the application at http://s7.invisionfree.com/TGG_Team_Forum/ and you can go to http://s7.invisionfree.com/TGG_Team_Forum/ to register. Also if you don't check your email often, you should. Most communication is based on email and if you don't reply after some time your gone. (it's happened before!)





    levelup
    10-22 02:22 AM
    is really useful for me, I am glad to read it here.



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