Tuesday, June 14, 2011

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  • glus
    02-15 09:17 AM
    Thank you very much. do you know suppose if we go for stamping our visa and for some reason they reject it, can we still enter USA? I am just trying to evaluate different options and the risks in each of them so that we can choose the best that works for us....

    What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.

    G





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  • Googler
    02-08 02:47 PM
    bump

    It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.

    I'm not sure it will be taken up by AILA -- I was so surprised by the resistance I encountered when I asked a well known attorney with a blog (v. popular with IV members) to submit this question to the AILA committee which reviews topics for liason meetings, and it took several rounds of email and some very severe rhetoric from me to even get him to send it to the committee! I feel it is terrible that our self-professed advocates hesitate even to ASK a question, let alone propose specific reforms...

    The deadline for submitting questions is Feb 15 -- so if you are interested, get in touch with your attorneys and send in the question. Maybe numbers will move them.





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  • GCOP
    04-01 03:32 PM
    I would be appreciated, if people returning at NJ Airports can post their experiences of Successful re-entry . That would definitely be helpful to all other people, who will have to travel, in case of Emergency.





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  • acecupid
    07-11 05:31 PM
    Lets not get over board with excitment. Over doing it might be considered as harassment. Besides we have achieved the main goal of the campaign. Lets focus our resources to the rally. I think media attention thru flower campaign, rally and lawsuit are excellent strategies in increasing order of intensity to push for our cause. I'm glad you are excited to take this a step further, but lets focus our energy in the right direction!:)



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  • desitechie
    07-17 01:49 PM
    Traveling for the 1st time on AP (used H1 stamp previously, now I am on ead), wanted to know how the experience at SFO is. Do they always send you for secondary inspection? Anything else to know beforehand?

    here's the list of docs I have from earlier post:
    (http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24709-good-to-carry-documents-for-ap-travelers.html)
    - All copies of AP
    - EAD
    - Passport, of course
    - 485 receipt notice (Good to carry)
    - 140 approval notice (Good to carry)
    - Labor approval notice (Good to carry)
    - Company identification card/badge (Good to carry)
    - Current employment verification letter (Good to carry, I never did and I was okay)
    - Old stamped APs, if you have used AP to travel in the past (Good to carry)

    anything else?

    Also, when leaving Bangalore, any issues if you only have an AP and no H1 stamping?

    thanks.

    I came in Jan and secondary inspection took only 10 mins. Just gave the PP and AP doc.





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  • sobers
    02-16 04:11 PM
    This story below just goes to show that if smart scientists and engineers are not available here (because of low skilled immigation and the decepit STEM education), then jobs will continue to be outsourced to where the job can be done. Not only does the U.S. lose brainpower, it loses significant tax revenue which would otherwise have been available if the jobs were located in the U.S. And then, not only do skilled immigrants bring their skills to work for America, they also help build the local economy (home/auto, other capital investments, etc besides local/state/county taxes...).


    -------------

    NEW YORK TIMES

    By STEVE LOHR
    Published: February 16, 2006
    The globalization of work tends to start from the bottom up. The first jobs to be moved abroad are typically simple assembly tasks, followed by manufacturing, and later, skilled work like computer programming. At the end of this progression is the work done by scientists and engineers in research and development laboratories.

    Skip to next paragraph
    Report From Ewing Marion Kauffman Foundation A new study that will be presented today to the National Academies, the nation's leading advisory groups on science and technology, suggests that more and more research work at corporations will be sent to fast-growing economies with strong education systems, like China and India.

    In a survey of more than 200 multinational corporations on their research center decisions, 38 percent said they planned to "change substantially" the worldwide distribution of their research and development work over the next three years � with the booming markets of China and India, and their world-class scientists, attracting the greatest increase in projects.

    Whether placing research centers in their home countries or overseas, the study said, companies often use similar criteria. The quality of scientists and engineers and their proximity to research centers are crucial.

    The study contended that lower labor costs in emerging markets are not the major reason for hiring researchers overseas, though they are a consideration. Tax incentives do not matter much, it said.

    Instead, the report found that multinational corporations were global shoppers for talent. The companies want to nurture close links with leading universities in emerging markets to work with professors and to hire promising graduates.

    "The story comes through loud and clear in the data," said Marie Thursby, an author of the study and a professor at Georgia Tech's college of management. "You have to have an environment that fosters the development of a high-quality work force and productive collaboration between corporations and universities if America wants to maintain a competitive advantage in research and development."

    The multinationals, representing 15 industries, were from the United States and Western Europe. The authors said there was no statistically significant difference between the American and European companies.

    Dow Chemical is one company that plans to invest heavily in new research and development centers in China and India. It is building a research center in Shanghai, which will employ 600 technical workers when it is completed next year. Dow is also finishing plans for a large installation in India, said William F. Banholzer, Dow's chief technology officer.

    Today, the company employs 5,700 scientists worldwide, about 4,000 of them in the United States and Canada, and most of the rest in Europe. But the moves overseas will alter that. "There will be a major shift for us," Mr. Banholzer said.

    The swift economic growth in China and India, he said, is part of the appeal because products and processes often have to be tailored for local conditions. The rising skill of the scientists abroad is another reason. "There are so many smart people over there," Mr. Banholzer said. "There is no monopoly on brains, and none on education either."

    Such views were echoed by other senior technology executives, whose companies are increasing their research employment abroad. "We go with the flow, to find the best minds we can anywhere in the world," said Nicholas M. Donofrio, executive vice president for technology and innovation at I.B.M., which first set up research labs in India and China in the 1990's. The company is announcing today that it is opening a software and services lab in Bangalore, India.

    At Hewlett-Packard, which opened an Indian lab in 2002 and is starting one in China, Richard H. Lampman, senior vice president for research, points to the spread of innovation around the world. "If your company is going to be a global leader, you have to understand what's going on in the rest of the world," he said.

    The globalization of research investment, industry executives and academics argued, need not harm the United States. In research, as in economics, they said, growth abroad does not mean stagnation at home � and typically the benefits outweigh the costs.

    Still, more companies in the survey said they planned to decrease research and development employment in the United States and Europe than planned to increase employment.

    In numerical terms, scientists and engineers in research labs represent a relatively small part of the national work force. Like the debate about offshore outsourcing in general, the trend, which may point to a loss of competitiveness, is more significant than the quantity of jobs involved.

    The American executives who are planning to send work abroad express concern about what they regard as an incipient erosion of scientific prowess in this country, pointing to the lagging math and science proficiency of American high school students and the reluctance of some college graduates to pursue careers in science and engineering.

    "For a company, the reality is that we have a lot of options," Mr. Banholzer of Dow Chemical said. "But my personal worry is that an educated, innovative science and engineering work force is vital to the economy. If that slips, it is going to hurt the United States in the long run."

    Some university administrators see the same trend. "This is part of an incredible tectonic shift that is occurring," said A. Richard Newton, dean of the college of engineering at the University of California, Berkeley, "and we've got to think about this more profoundly than we have in the past. Berkeley and other leading American universities, he said, are now competing in a global market for talent. His strategy is to become an aggressive acquirer. He is trying to get Tsinghua University in Beijing and some leading technical universities in India to set up satellite schools linked to Berkeley. The university has 90 acres in Richmond, Calif., that he thinks would be an ideal site.

    "I want to get them here, make Berkeley the intellectual hub of the planet, and they won't leave," said Mr. Newton, who emigrated from Australia 25 years ago.

    The corporate research survey was financed by the Ewing Marion Kauffman Foundation, which supports studies on innovation. It was designed and written by Ms. Thursby, who is also a research associate of the National Bureau of Economic Research, and her husband, Jerry Thursby, who is chairman of the economics department at Emory University in Atlanta.



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  • humdesi
    12-21 08:30 PM
    If you were born in India, EB-2 or EB-3 doesn't matter.
    Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.

    Good luck!





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  • vishwak
    08-18 12:20 PM
    I am also having same situation as 'TamilSelven's wife. But my H1 visa was expired in Sept 2009 and I didn't work on that. I am on H4 for now and got one offer from another employer.

    So my queries are :
    - will I get H1 again under COS?
    - If yes, how much time will it take to get H1 again?
    - Does this process will be like a new H1?
    - how much will it cost to my employer with attorney fees?

    Thank you.

    Meet

    Yes You can get new H1B.
    Time Depends on type of processing.....premium you should get within 2 weeks.
    H1B extension or Transfer or New one....whatever its all the same process. But called differently.
    Now H1B fees got hike.....may be around 5K I believe.
    Check for USCIS fee for I-129 on USCIS Home Page (http://www.uscis.gov) and add Education Evaluation, Attorney Fee, Fedex charges etc.

    Please ask your Employer for break up if you are paying for it.



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  • sobers
    06-23 04:29 PM
    We ought to contact lawmakers and make them see the plight of legal immigrants. There is no other way about it....even if we don't have a vote now, we have a voice...that of a LEGAL immigrant (and a future Citizen!). Each one of you find out where the meeting is going to be, and make a point to attend and atleast ask one question- It has been said that America is a nation of laws and a nation of immigrants- so Congressman, while you're working against ILLEGAL IMMIGRANTS, what are you doing to help LEGAL IMMIGRANTS??? (Suggestions welcome) ...And then personalize your story with your personal troubles...backlog, retrogression, endless waits obeying the law...and not getting a dime in benefits...


    See what NumbersUSA folks are doing...

    ======

    Roy Beck, President, www.NumbersUSA.org Friday 23JUN06

    More Good News ... House leaders emboldened by YOU & pushing for enforcement-only bill

    SENATE BILL FOR AMNESTY AND MASSIVE IMMIGRATION INCREASE IS DEALT MORE BLOWS .......

    ....... Speaker of House is totally impressed by citizen pressure at a town hall meeting!!

    Wait until you see the report below from a Hill staffer of the Speaker's comments in a closed session of congressmen/women.

    As I predicted to you in my email Monday morning, the terrible Senate bill has further bogged down this week as U.S. House leaders have become increasingly emboldened by you citizens' phone calls, faxes, office visits and attendance at town hall meetings.

    Suddenly this week, Speaker of the House Hastert announced that he wouldn't be immediately appointing House negotiators to hammer out a compromise with Senators in a joint Conference Committee. Rather, he announced a series of public hearings to be held across the country over July and August to get public feedback on the provisions of the Senate bill.

    Hahahahaha.

    Maybe the 63 hidden provisions in the Senate mystery bill that our Rosemary Jenks uncovered and exposed at the National Press Club (but with very little media interest) will get proper vetting from the American people.

    This is such terrible news for the Kennedy/McCain/Bush open-borders folks who had hoped to ram their bill into law without the public truly discovering what was in it.

    Even better, Speaker Hastert announced principles that should undergird House action and they were all about enforcement and nothing about increasing legal immigration or guestworkers.

    WHAT PERSUADED HASTERT TO DO THIS?

    Rep. Hastert (R-IL) has always voted very well but has not been very helpful as a leader. He has been much too eager to please the White House when it asks for favors and to help out the U.S. Chamber of Commerce.

    Nonetheless, he has often ended up helping block bad stuff in the House and was a big help in the end in passing the ban on drivers licenses for illegal aliens. But his behavior this week represents a whole new side of Hastert. And it is pretty apparent why he changed.

    Check out this email from a Republican staffer to Rosemary describing the closed-door session Hastert had with Republican Members of the House.

    Rosemary --

    You may already have heard this, but it was too good not to pass along. In GOP conference this morning, Hastert started talking about an event he went to with several hundred of his constituents. He went on and on about this was in Illinois, in the heartland of the country, Illinois wasn't a border state -- and every question but one from his constituents was about immigration.

    He then said this proves it's a national issue and not just a border state issue and it is really important. (Hastert, our fearless leader, moonlights as Captian Obvious.)

    Technically everything that goes on in conference is supposed to stay confidential but my boss was going on about it and how he thought the meeting with his constituents made a huge difference to Hastert.

    I thought you'd find it encouraging that all the hard work your minions are doing about bugging the hell out of these guys at public events is working.

    You're outgunned, outspent, and outlobbied -- but you're winning. I am now officially cautiously optimistic.

    -- (from a House GOP staffer)

    As the staffer knows, we have been pushing all of you to try to attend any meeting where your Members of Congress can be found so you can ask questions, hold a sign or just applaud other people who say what you believe about immigration.

    More and more of you are doing this.

    Now, the entire nation owes a debt of gratitude to those northern Illinois voters who showed up at that meeting and so impressed the Speaker of the House!

    We will continue to inform you on your Action Buffet corkboard every time we know your Senators or your Representative are going to be appearing somewhere in your area.

    Please keep checking your corkboard at:

    www.NumbersUSA.com/actionbuffet

    Also, please keep telling us if you know of a meeting or appearance that appears to be something we may not know about. The only way we can inform everybody in a district about an event is if somebody tells us about the event ahead of time.

    As for the hearings, some of your NumbersUSA staff have already been invited to testify. We will be sending notices to you about when and where they will occur so that many of you can attend and reinforce the position of no amnesty and reduced total immigration numbers.

    Finally, I just have to note that after the Senate passed its monstrosity in late May, we got a ton of emails from people saying they were giving up and that no hope was left. You may recall that we continued to tell you that we believed we could beat this thing if we all kept fighting. Well, most of you kept fighting. Even I am a little surprised at how well things are working out at the moment. But I have no doubt that the only factor is the never-ending drum-beat of citizen complaint that Members are hearing.

    Thanks for all you do,

    -- ROY

    www.NumbersUSA.com/donation.html

    Also, don't wait on emails from me. Keep up with what is happening in Congress on immigration by checking regularly on our NumbersUSA home page:

    www.NumbersUSA.com





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  • chitra
    02-26 09:56 PM
    Thank you for your reply. The scenario would be...if my husband loses his H1B due to a layoff, etc, then I would lose my H4 status. In that case, will I still be able to enter the US on a B1/B2 as it was initially valid till 2013.



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  • addsf345
    11-24 02:13 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    so r u on EAD or H1B? wondering if you were able to continue working on EAD.

    its a gray area and even lawyers are not sure 100%.

    Also,

    1. How long does it take to find MTR?
    2. What documents are needed?
    3. Did you informed CIS about job change?





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  • Legal_In_A_Limbo
    01-14 05:10 PM
    Thats good to know that lots of people have done this.
    If someone can share their experience that will be great.

    It is the first contract between Company (B) and my husbands company (A). Above all my husband himself found this project.

    Above all, the contract between Company (B) and Company (A) does not mention the end client name, and the contract seems to be a general contract, basically saying that my husband is rendering services to Company (B).

    I will really appreciate all the help and guidance.



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  • cox
    June 14th, 2005, 06:51 AM
    I'm also a Conon user, and not so "big" a macro photographer as Gary( Sorry for the pun, ;) ), but I use the Canon 100mm macro, and I'm with you on wanting a longer macro. You have to get awfully close for good shots, and I think a little more length would work better for me.

    Also, on the autofocus that Gary mentioned, I like the faster autofocus on the Canon over the Sigma, not for macro, but simply because I can use it as a "normal" 100mm f/2.8, which saves me from having to carry another 100mm lens.





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  • perm2gc
    08-24 05:21 PM
    A potential employer has offered me to substitute 2001 EB3 labor. Would DOL accept unapproved labor substitution ? what is the probability of rejection (assuming there is very good match).

    What kind of queries can we expect from the DOL ? what questions should I ask the potential employer ?

    Incidentally, How many applications are there in the backlog processing center by priority year ? Check USCIS about the labour substitution and if they find that you are no fit then they may deport you... 500,000 people are in line and your post says you might be new one who wants to get in the middle of the line..CareFul Watch Out



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  • glus
    12-27 03:05 PM
    Hello Helper!

    thank you for reading my thread.

    My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.

    1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
    2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
    3. What are the chances of the change-of-status being approved?
    4. If her student visa gets denied, after how many days does my wife have to leave?

    Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals

    1. She can stay here while the change of status is pending.
    2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
    3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
    4. They usually say she should leave as soon as possible.

    Regards,





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  • QuickGreenCard
    02-18 11:32 PM
    I have no AP. Well I have both H4 extension approval & H1 approval extension at this point. I will check with the attorney and post what she says. Thanks for all the replies.



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  • sunny1000
    10-19 02:50 PM
    Hi,

    While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.

    Is this from NSC or TSC? Also, did your attorney include your diploma with your B.Sc to equivate it to a 4 year degree at any point during the filing of the I-140?





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  • sbdol
    07-19 01:32 AM
    Nope. My lawyer did a mistake to correct himself he applied though dates were not current.
    What do you think now? any suggestion.
    I would think that you did not file at all.
    If the PD was not current at the time of the first submission they should not even cash the check with the fee.





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  • desi3933
    02-18 07:06 AM
    I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.

    Please share your thoughts...

    Thanks

    You status is H1 and you are accumulating out-of-status days.

    If your spouse is maintaining H1 status, you can go for H4 visa stamping. You may also use AP to travel.

    If you re-enter US on H4, your status will be H4. However, if you have valid EAD, you can use that for work.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





    chanduy9
    07-05 01:03 PM
    I am sure they would do that ...


    We are not going there personally...and we are not packing..we are using vendor company to do it. We are not sending bombs or any other stuff which is illegal and crime.
    Common guys think....
    just my idea.





    sts_seeker
    07-05 05:09 PM
    Hey guys,
    See guys, My original LC was approved with PD of 2003 from this same company but I-140 was denied due to A2p and now is in appeal. This lc sub is from other worker with lower salary and he left the company 3 yrs ago and I am still working here. It's not like a desi consultancy where they sell approved labor, hold your h1 so you can't transfer your h1, get pay cut and put innocent people's status in jeopardy and create problem for everyone else who want to do LC sub in a honest way. It's a genuine LC substitution and I want to do it as long as the law allow me to do that.
    I am also fraustrated with USCIS messed up policy of doing whatever they want and hopefully something will work out for all of us in good way!
    thanks



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