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  • starving_dog
    10-02 01:06 PM
    When I was H1-B, I never surrendered my I-94 and kept re-using my original. I crossed the border at least 25 times without any problem.




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  • dipu76
    06-01 06:16 PM
    It is illegal.
    It will be great if someone can send me any reference to confirm that it is illegal..




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  • nozerd
    02-24 08:26 AM
    Not true. TX doesnt have state income tax but still allows H1 and H4 visa holders in state tuition after 1 yr of residence.
    Thanks


    AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.

    WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.

    MD doesn't allow instate

    DC has no instate concept at all :)

    VA,NY,CA,MA,IL allow instate as of my knowledge.




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  • lazycis
    12-21 01:31 PM
    Here is a shortened version:

    1151
    d) Worldwide level of employment-based immigrants
    (1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
    (A) 140,000, plus
    (B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)

    1153
    (b) Preference allocation for employment-based immigrants
    Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
    (EB-1) Priority workers
    Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5)
    (EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
    (EB-3) Skilled workers, professionals, and other workers
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
    (4) Certain special immigrants
    Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
    (5) Employment creation
    (A) In general
    Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—

    i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
    If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.



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  • GCwaitforever
    05-24 09:38 AM
    By the way, the article refers to Immigrant Voice instead of Immigration Voice. I can not find e-mail address of the author. Please get in touch with the author if you can, to have this corrected.




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  • gcwanted101
    09-02 10:43 AM
    Did any one(who have not applied 485 yet) got their 140 Approved copy by FOIA request? :confused:



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  • MYGC2008
    03-18 01:04 PM
    You left your EX-EMPLOYER in May 2008 and also transfered your H1B to NEW Company.

    So tell me what is remaining beteween you and your ex-empoyer???
    So he cancelled your H1B and also your I-140 later.
    Also Why you did not work with ex-employer after getting a project? You knew that your I-140 was pending right?




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  • sainwa
    07-06 01:53 PM
    there are some beginner level shootng courses, inquire at your local gun store.

    make sure you understand the law about keeping the gun (concealed/un-concealed) etc how to carry in vehicle , work safety laws about the gun being present in your vehicle at work parking site.
    if you understand the law well then there shoudl not be any issue.

    Store's are on 6 month back order on the top selling ones. Even if you get one, getting ammo is a big challenge now a days. They are also back ordered for many days due to hign demand.

    I bought some decent amount of gold with my glock too ;)

    Dollar may crash any day in next 2-3 years. that is day , when things will go out of control.



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  • snathan
    03-31 08:45 PM
    From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.

    If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).

    I dont think this is true. Untill the company A revoked the H1 which is valid till Sep 2009, I dont think one needs to file for transfer again. Otherwise please provide the source for the same.

    When you are filing for new H1B with new employer, it will not cancel the current H1B. There is nothing called H1B transfer. Everything is New only. The only issue is you need to prove your status and you will not be counted against the cap.




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  • gcdreamer05
    01-21 01:22 PM
    Man wish it was true, or atleast let them make the damn thing current again so that i can file 485 for my wife.... atleast she gets EAD to start working......... and i can also get stimulus benefit...



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  • seahawks
    07-22 10:14 PM
    5 star rating from me




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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



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  • cagedcactus
    05-03 06:59 PM
    "senator_levin@levin.senate.gov" to me
    show details Apr 30 (3 days ago)

    Dear Mr. Amin:

    Thank you for contacting me regarding immigration and border security. I appreciate receiving your views on these important issues.

    Our immigration system is broken and needs reform. I believe an effective immigration policy must include comprehensive border security and comprehensive immigration reform. We must secure our borders against real threats from terrorism and protect U.S. workers, while preserving the freedoms and principles on which our nation was founded. We must address reforms realistically, stem the tide of illegal immigrants entering the country and be fair to those who are here legally.

    I support comprehensive border security reform. I voted in favor of an amendment to the Fiscal Year 2007 Defense Appropriations Act (P.L.109-289) that appropriated $1.83 billion to construct 370 miles of triple-layered fencing and 461 miles of vehicle barriers along the southwest border of our country. I also supported an amendment to the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief (P.L.109-13) that provided $390 million to hire an additional 650 border patrol agents, 250 immigration investigators, and 168 immigration enforcement agents and deportation officers, as well as to fund an additional 2,000 detention beds for immigration enforcement purposes.

    I believe any reform must protect U.S. workers. For this reason, I voted in favor of an amendment to the Fair Minimum Wage Act (H.R.2) that would bar employers who violate immigration laws by hiring undocumented workers from receiving federal government contracts for up to 10 years. The Fair Minimum Wage Act passed the Senate on February 1, 2007, and must now be considered by a House-Senate conference committee to reconcile the differences between the Senate and House versions of the bill. I believe it is important to ensure that employers hire only those legally eligible to work and that employees are treated fairly. I support a broad-based Electronic Employment Verification (EEV) system, which builds upon the existing voluntary pilot program, to increase the reliability of employment authorization checks. In the 109th Congress, I supported a number of worker protection amendments to the Comprehensive Immigration Reform Act (S.2611). I voted in favor of an amendment that would have established a true prevailing wage for all occupations to ensure that U.S. workers� wages are not lowered as a result of the guest worker program, and I supported an amendment that would have required employers to make good faith efforts to recruit U.S. workers first. S.2611 passed the Senate by a bipartisan vote of 62-36. Unfortunately, S.2611 was blocked by the House because of opposition to the immigration provisions in the Senate bill. The bill was not passed before the end of the 109th Congress.

    Comprehensive immigration reform must remove the �magnet� that has attracted millions of people to cross the border illegally. We should not provide amnesty, but instead permit currently undocumented workers to earn the right to obtain legal status over a long period of time, under restrictive conditions, including being required to pay fees and back taxes. These individuals would be required to apply through the same immigration process as everyone else and take their place in line behind all those whose applications are pending. I will continue to work with my colleagues in the Senate toward effective solutions that address our nation�s real immigration problems. Without a comprehensive approach to immigration reform, our current problems with illegal immigration will likely continue.

    Thank you again for contacting me.

    Sincerely,
    Carl Levin









    CC to senator_levin
    show details 7:36 pm (1 minute ago)

    Respected Sir,

    I wanted to bring to your attention the woes of immigrants who are legally here in U.S. Specifically, the high-skilled workers who are experiencing decade-long waits to get Green Cards (the employment based Green Cards). There are approximately half a million such people in U.S. today whose lives are in limbo as they wait to get their Green Cards. I encourage you to visit http://immigrationvoice.org, an organization comprising of such people who are lobbying the Congress to help get some relief urgently.

    The focus of immigration reform has solely been on illegal immigration. What is not so well understood is that the fate of legal immigrants has been tied with that of the illegal immigrants (because there is just one bill that the Congress will debate - CIR/STRIVE). It is ironic that if this bill does not pass, legal immigrants would be left hanging in the dark again, even when there is bi-partisan support for their cause!

    The waiting times for getting an employment-based (EB) Green Card (GC) are increasing each day for nationals of all countries. But especially hard-hit are people from India and China, whose waiting times are expected to increase to 10-15 years, if the current trend continues. The demand for EB-GC keeps increasing because over the last decade an average of about 100,000 skilled workers have joined the U.S. work-force each year (using H-1B visa, and graduating foreign students), but only 50,000 new employment-based Green Cards are issued. U.S. issues 140,000 EB GC but even family members are counted-off from this quota, which thus effectively reduces to about one-third. Therefore, each year about 50,000 skilled workers join the queue for a Green Card.

    Once the wait for a Green Card starts, all major life-decisions are influenced by the Green Card application process. Decisions about traveling abroad, marrying, investing, kids' education, and changing cities are then based on the stage in which one's GC application is. The biggest impact of the wait is on the person's professional career. Once the process starts, changing jobs usually means re-filing for a GC, implying that the person starts from the end of the line again. Even promotions within the same company are not without risks, as any change in job descriptions necessitates refilling the application. So a person waiting for a GC is expected to remain in the same job with the same company and without any substantial increase (or decrease) in pay! The skilled worker therefore lives life in constant limbo.

    The psychological impact of being stuck and being treated as less than equal, even while paying all taxes (including SS and Medicare, to which they are not even entitled to without becoming permanent residents) is immense.

    Your help is very much needed to eliminate this unfair backlog and reform the system, so that no innocent and law abiding person should suffer anymore. Your kind reply is very valuable to me.

    I appreciate your time and help.

    Regards,
    CC





    Above is the email conversation beween me and Senetor Levine. He seems to be in support for Legal immigration, but is against Amnesty.
    My reply here is basically a nice written post by a fellow member here (Eternal_hope).
    So credit for writing goes to him.
    A similar reply was sent to senetor Debbie Stabenow (Michigan too)

    Please comment......




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  • amsgc
    07-03 08:01 AM
    There is no such thing as an H-1B transfer - it is unfortunate that this word is used and it confuses people all the time.

    Your company B has filed a new petition on our behalf to employ you with a request for:
    - The petition to be not counted in the yearly cap
    - Your status be extended till the end date on the new petition

    Generally speaking:
    Since you have already started working for the new employer, you MUST enter using the H-1B approval notice of the new employer (even if you use the visa stamped through the previous employer).

    Regarding Mexico - never been there so I don't know how it works with the I-94.


    Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.



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  • priderock
    11-29 03:28 PM
    senorita..raj here...

    here comes the answers for your responses...


    1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.

    You need pay stubs of working firm to get the stamping. If you are working presently ..u will ahve some pay stubs and you can use it and get stamped.

    2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.

    If you live out side US for more than 360 days , then u r H1b is invalid. In order to return again you should apply under the H1b cap.

    Hope this helps....

    It is not true. H1 is valid until its validity date.




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  • veni001
    05-13 04:04 PM
    I have my company�s lawyer that I have to use but he is not experienced with this. My company wouldn�t be happy if I suggest switching to another lawyer so I need to control this myself.


    Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.

    As per DOL employee should not be involved with this process period.:(



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  • desi3933
    06-25 10:41 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify

    This is one of the biggest myths amongst H1 workers in USA.

    All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.

    There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.

    Please consult a good lawyer before signing any such contract.

    Not a legal advice
    -----------------------
    desi3933 at gmail.com




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  • acsouza
    03-20 07:15 PM
    Yes I believe the HR department is wrong in this case.
    The problem according to them is that they need to verify the picture on the document I provide with the picture that the E-verify system will show.

    I am researching this further once I get some more information from DHS I will be arguing with HR again.

    Thanks Euclid.




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  • cox
    April 4th, 2005, 10:07 PM
    Thanks for the suggestions guys, I'll try 'em out. :)




    sandy_anand
    01-24 10:16 AM
    We are back to 140K, refer to demand data. This year both EB1 and EB2 are showing much lower consumption the dates will definitely move into 2007.

    Based on the information available i am expecting EB2-I will get 8-12K visa this year (2011), unlike 20k last year (2010). Which means the PD will move as far as Nov-06 or Dec-06 the best this year.


    No FB Spillover
    High PERM approvals


    Divergent opinions. Let's hope for the best!




    HereIComeGC
    12-12 03:52 PM
    Now that dates for EB2 have moved to Jan 2000 PD, it might be interesting to see if we have folks in here with EB2 PD in or before Jan 2000.



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