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Monday, July 4, 2011

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  • determined_indian
    02-14 06:03 AM
    I am in the same boat (will be filing for extension within a month)...

    Just interpreting the amendment as it is - looks like this applies only to new hires...

    Link to article from a leading immigration law firm

    What is in the Bill?
    (1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.

    (2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"

    Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.

    However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.

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  • mzdial
    July 23rd, 2004, 12:46 AM
    I'm not familar with those adapters, but I've read of limited success.. Ranging from focus problems to using them completely as manual focus.

    Assess what those lenses are worth now. That EF 28-80mm f/3.5-5.6 is worth $100 or so, new. To be honest, I don't think I would even mount it on a DSLR as the focal range isn't great and it's slow. The Sigma 100-300mm f/4.5-6.7 is worth $125. The same with this Sigma, it's a slow lens. So we are only talking about $225 in lenses, none are really worth trying to convert in my opinion.

    Perhaps selling them on Ebay is in order. Buy the D70 with the 18-70 kit lens and your results are going to be much better than trying to use the converted 28-80. You will have focal range overlap anyways, another reason to just avoid trying with this lens.

    Nikon sells a similar consumer 70-300mm f/4-5.6 that is faster and would work with the camera for $125. So if you could sell your two lenses and get $125, you would have the kit lens and this low-end zoom and be in much better shape than converting.

    Thanks for joining our community.. Hope this helps!

    -- Matt

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  • willgetgc2005
    04-30 09:38 AM

    I sent you a PM

    Hi there,

    yes myself and couple of my friends went thru Mr Gotcher lawfirm. Strongly recommended, very experienced, specially handling tough cases.

    Bit expensive though,

    good luck.

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  • vallabhu
    08-26 11:36 AM
    Hi Guys,

    I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?


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  • amar123
    11-24 05:03 PM
    Hi All,

    Is there a fee for filing a renew advance parole document for a application based on a I-485 filed after July 2007.

    I know that there is no fee for I-765 renewal, but , there is a conflict for I-131 based on the following info:

    USCIS - Instructions for Electronically Filing Form I-131 ( D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
    If you filed Form I-485, Application to Register Permanent Residence or Adjust Status under the fee structure in place on or after July 30, 2007, then no fee is required to also file a request for a travel document on Form I-131 for an advance parole or refugee travel document. Those applications may not be electronically filed and must be submitted to USCIS via regular mail or courier service.

    2.USCIS decides 1-131 is not eligible for fee waiver - - Asylum Law ( i-131+fee+waiver+july+2007&cd=4&hl=en&ct=clnk&gl=us)

    The USCIS revisited a response they gave in the April National Stakeholder Meeting Q & A <> to question #7 regarding fee waivers on the I-485 application package. Their initial response indicated that a fee waiver may be applied to the I-131 (Application for Travel Document) if the I-485, I-765, and I-131 were filed concurrently after July 30, 2007 and the fee waiver application was granted on the I-485.

    Upon review of the applicable law they now note that the I-131 is not actually eligible for a fee waiver at any time. The legal basis for this reasoning can be found in controlling language at 8 CFR 103.7(b) provides that "... no additional fee will be charged for a request for travel document (advance parole) or employment authorization filed by an applicant who has paid the Form I-485 application fee..."


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  • kpkrind
    09-05 10:54 AM
    Hello All,
    Here are my case details, please help me.

    - I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
    - My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
    - My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
    - Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.

    Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?

    We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
    * Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
    * Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?



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  • Tazike
    07-23 01:41 AM
    I'm wondering if criminal charges that never lead to a conviction (3 charges in total) can cause a green card holder to get deported? Also, when a person applies to renew a green card after it expired will another FBI fingerprint check be done?

    Thanks for the help.

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  • immigration_confused
    08-02 11:09 PM
    Dear friends, i would like to share my experience regarding the earlier post. My brother as i told you had surrendered his I-94 to the airline while departing for canada.
    He went to the US immigration at Toronto airport and the officer asked him for his I-94 which he told that airline had taken from him. Officer told that the airline was wrong in doing so and called his superior who told that it was not a problem and they issued him with a new I-94 card with out a problem and he got back into the US.
    i guess the lesson is not to panic and carry all your doccuments with you. In summary, automatic visa revalidation works but please do not surrender your old or new I-94 to the ailrine if you are planning to visit canada or mexico for < 30 days.


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  • sanjay02
    02-13 01:40 AM
    Try the FOIA Freedom of Information

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  • ajay_hyd
    04-30 05:15 PM
    Did anyone file your own AC21, i have moved to a new company and its a similar kind of position, my case is pretty straight forward, should i file it by myself or use an attorney. the attorney's asking for good $$$$

    If any one of you have experience doing it yourself, please share it here.



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  • vnsriv
    05-13 10:42 AM
    I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??

    I am doing the same this month.

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  • zamoo
    09-29 11:48 AM
    If you indeed resign, there can be trouble..."luck factor" might pay a role.

    But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.

    Now, if your employer is a small place, then its all "it depends" thing...

    Good luck...see to it that you don't extreme measures unless absolutely needed.


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  • GC_1000Watt
    08-08 02:47 AM
    Nothing to worry, you have made no mistake, thats the way it appears

    all the best

    Thanks buddy! So I believe it's just the state of the consulate..right?
    By the way was your case kind of same?

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  • same_old_guy
    10-27 05:32 PM
    That's not completely true. There are improvements in UCIS processing. If you check H1 or I-140 processing time 2 years back , it was much worse then. I dont think USCIS processing time is a problem for us right now. Of course it would be nice to have faster service for H1 and I-140 or 485.


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  • krishna_brc
    07-02 05:41 PM
    I am in the same state as your's. After talking with Lawyer and after reading lot of forums, i went ahead and submitted with PAR:PAROLEE for both Manner of Last Entry and Current Immigration status.

    I am not lawyer :) but that's waht i went with and submitted just yesterday

    I am in the same boat. I entered PAR:PAROLEE and my Advance Parole got approved, waiting for EAD approval.

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  • lhk86
    08-12 10:42 AM
    My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.

    My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?

    Is it ok to travel via Frakfurt? Would she need a transit visa?

    Please advice. Thank you,for your responses.


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  • Kapils573
    12-12 08:13 AM
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  • prioritydate
    08-21 09:37 PM
    First time a post made absolutely no sense to me!:eek:


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  • vasudev19
    04-09 03:06 PM
    My H1B expired on sept 2009. My employer applied for my visa extension I received my approved 797 copy, but I 94 number on my 797 and passport are not matching. To explain further, when I first entered in US in March 2007 I got I 94 (ex: 123), when I last time entered in US in April 2008 I got I94 (ex: 456) which is my latest I94 number displayed on my passport. My latest H1B extension valid till sept 2012 is showing I 94 number issued to me when I entered in 2007 (123) instead of my latest I 94 number(456) attached to my passport.
    Will this be a problem? I have to sponsor my in-laws visa so please guide me how this can be handled. Any help appreciated. Thank you very much in advance.

    06-16 11:09 AM
    Not all non-profits are cap-exempt.

    He could theoretically apply for a change of status from B-2 to H-1B. However he should not be using the B-2 to look for work. Any change of status, or H-1B visa application at a consulate, might bring up the questions of his activities in B-2 status, and whether he misrepresented anything. If he found a job while in the US in B-2 status, his activities in B-2 status might be questioned.

    06-10 04:23 PM
    Took about 2.5 months for me. I would ask for a complete copy of the Alien record.

    I would suggest that you ask them to provide you with the result of the FOIA on a CD. CD has no charge.....

    thanks man and one more favor
    what should I specify underneath
    Identify the documents, records, or information you are seeking. Be as specific as possible.

    section if I need all the documents submitted with my I-485 application?

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