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08-25 07:10 PM

From its passage in 2002 until now, the USCIS has never issued so much as a memo explaining how it interprets the "automatic conversion" clause of the Child Status Protection Act (CSPA). They left it to the Board of Immigation Appeals (BIA) to explain this in Matter of Wang in 2009. The USCIS argued that the clause be interpreted in the most restrictive way possible, and surprisingly, the Board bought their argument. However, Matter of Wang may have a short shelf life, and here's why: 1) The �Administrative Delays� Fallacy In Matter of Wang, the Board states that �we find...

More... (http://blogs.ilw.com/carlshusterman/2010/08/why-matter-of-wang-got-it-wrong-four-fallacies.html)

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kp9999

02-25 11:35 AM

Hi friends

I travelled out of USA and am trying to get back into USA with AP. I am using H1B(not stamped).
THey temporarily transferred to me indian office for this duration.

I also have EAD with me(not yet started to use).Now My co. is not letting me to go back to USA
without a project.If incase i want to change my employer, how can I do it..

Will it hurt to go back without employers permission to USA and then to use EAD to get a job?
After this I plan to submit my resignation.For EAD, 180 days already crossed.

If I want to do the above,how many days I have to get a job with EAD with a new employer after I go to USA?

What are my options?

thanks
kp

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Deepadandamudi

01-27 01:00 AM

you can work on 1099, if you have EAD and you dont need to open any company

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pgujj1

10-22 10:04 PM

Hi all,
I came to US on F1 student visa for Masters. After completion i had my OPT(from sep/1/2007 to sep/2/2008). My employer applied for H1 in april/08 and i got approved. So currently my status is H1 starting from Oct/1/2008.

Iam a consultant (Oracle PL/SQL developer) & i was on the project for a few months(from june/08 to august/08). Since august, iam on bench period and not getting paid by my employer & currently looking for a project!!!

My questions are;
1) How long can i stay like this on the H1 visa without getting paid or untill i get into a project; even though iam employed by the company and, are there any restrictions?
2) Will it cause any problem in future?
3) Also i have to go for the H1 stamping; any guidelines on tht?

Thanks

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willIWill

03-08 10:37 AM

I don't know if this was posted earlier. Below is the link for the " Monthly Determination of Employment Preference Cut-Off Dates " for April 2010


http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

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mkedesi

10-07 11:15 PM

One of my friend got their Fingerprinting letter and the last name is misspelled. What should they do go ahead and take it to the FP office or call USCIS and get it corrected.

Anyone in similar sitaution? Please advise.

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xlxoel

07-23 01:46 PM

Quick question,

My case (I-140, I-485) is at Texas Service Center, because when I first applied I used to live in New Jersey and that was the service center I had to use.

I've been having a lot of trouble with Texas and California is working on case like mine a lot faster and I've been living here for the last 18 months.

Is there a way I can transfer my case to CALIFORNIA SERVICE CENTER?
How?

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Munna Bhai

01-10 01:12 PM

H1b extension will be for rest of the period, in your case 1year + 8 months.

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perm2gc

12-28 05:28 PM

Hi , My wife is on h4 visa and I want to file H1B for her and she has It experience of 3 years .Please guide whats the procedure .
Talk to your employer.He will give you full details. The process will be the same way as your H1B process.

Good Luck!!!

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aristotle

07-19 03:45 AM

My wife couldn't get Xray on a failed TB skin test, because she was pregnant at the time we filed our 485. Our priority date will be current in August.

Should we wait for a RFE on her medicals? Or is it possible to go ahead and do it, and send an update to USCIS?

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onc

03-29 12:12 PM

Hello Friends,

I have a question regarding waiver on J2 EAD.
My husband is doing residency on J1 since last 9 months. His residency program is of 4years and plans to do 1 yr fellowship later on on J1 so total of 5 yrs
I m now on J2 and have an EAD with me.
My questions are:

1. Do I need to do a waiver job after I complete my residency on EAD before joining any other hospital here in the US? or it just applies to my husband(on J1) to do a waiver.

2. If aftercompleting my residency on EAD, if my husband gets a waiver he will be on H1 and me on H4and if the same year I get H1 fellowship program for 1 yr, can I change my status from J2 EAD to H1 without doing a waiver?

3. How much time it normally takes to renew your EAD?

Thank you.
Regards,
Kindly reply as soon as possible.

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Robby Salz

03-05 09:25 AM

Milton. hahaha

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kirupa

04-22 05:22 PM

Cr's comments are really good mxn. I also don't know how well the background colors suit your text right now :)

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PavanV

03-11 07:57 PM

I already did sign the petition :D, all right why i am getting these red dots ? loosers ....

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nhfirefighter13

August 12th, 2005, 03:50 PM

Depicting "despair" using a photo and nothing else is tough. A final in one of my photoshop classes was to make a TIME magazine cover that depicted either "despair" or "hope". It was a lot harder to do that we all originally thought.


This comes close but it could also be construed as sadness, anger, weariness, pain, etc.

As I said, that's a very tough emotion to depict in a photo without any supporting text.


By the way, I like the photo.

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freedom1
05-22 01:02 PM
This is the scenario:

1. Husband becomes a LPR this year.
2. Wife still undocumented.
3. Wife was working long time ago, but became a housewife for the past 6 years, so no work.

How would the wife adjust her status under the new CIR if she was not working for the past 6 years?
Would she have to wait until the husband is able to petition her through other regular means?

Any ideas or is it too early to tell how USCIS will issue it's regulations about CIR?

Freedom1 :confused:
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Blog Feeds
10-21 02:10 PM
I'm glad to see Immigration Voice weighing in on this one. Under some of the versions of health care reform proposals being considered by Congress, legal immigrants could be excluded for five years before they can access the Medicaid and insurance subsidies despite the fact that they pay taxes, are abiding by all of our laws and are often making critical contributions to the success of this country.

More... (http://blogs.ilw.com/gregsiskind/2009/10/legal-immigrants-could-be-in-limbo-under-health-care-reform-proposals.html)
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shreekhand
09-24 02:20 PM
No more interim EAD at Infopass since Sept 2006.

If it's an emergency like loss of job offer etc. you can take a cover letter with your receipt notice to Infopass and they can fax it to the Service Center for expedited service. Alternatively you can fax it yourself.

The decision whether to expedite your case rests with the Service Center.

Also I would say hang on for a few days if possible. I got my EAD approval e-mail after 101 days since RD from NSC.
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poorninuke
01-29 11:58 PM
Hi Guru's,

I am currently in INDIA and applying for my H1. I have a couple of questions regarding this:
Back Ground:

1. My husband and myself are applying for H1 B.
2. Company A is sponsoring H1 for my husband and company B is applying for H1 for me.

Q & A:

1. As H1 B is lottery system this time too, we both are applying for H1. Is it possible that, if both of us get H1's, can I still enter into US on H4 status and later convert to H1.

Your valuable suggestions are greatly appreciated.

Regards
Poorni
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lavanya_7
05-14 06:21 AM
I got my H1-B visa on June 29, 2005 , I came to india on Jan 2009 . From Jan 2009 till now I have been staying in India , bcoz I was taking care of my new born daughter, now she is grown up and now I am planning to start working in US. Right now I got my H4 visa .

I came to know from someone that H1-B filing for this year was over in Jan 2011, so if I need to file a new H1-b , I have to file now and I will be eligible to work after Oct 1 this year. Is it true ? Is it not possible that a company files for a new H1-B under premium processing and I start working after 2 weeks of filing ? I don't want to wait that long(Oct 1) to work , I have few oppurinities coming up where I may get selected.

I have stayed in india from Jan 2009 till APril 2011. Now I am on H4 visa in US. Can I get a extension of my previous H1-B visa filed on June 2005?
I want to work ASAP.
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Munshi75
01-19 06:18 PM
As long as the job responsibilities and duties match with what you are already performing, it is 100% safe to switch jobs . I had the same issue last year and I spoke with an attorney at Murthy law firm and based on which I started working with the new company. I did inform USCIS and everthing is working well so far.

Good Luck.
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