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  • gc28262
    08-16 01:10 PM
    The court concluded that the Memorandum does not constitute final agency action subject to judicial review and the notice and comment requirements under the APA. The court concluded that the Memorandum establishes interpretive guidelines for the implementation of 8 C.F.R. � 214.2 and does not bind USCIS adjudicators in their determination of plaintiff’s H-1B visa applications.

    Does this mean this memo is not legally binding to USCIS adjudicators ?
    Is it a victory in disguise for plaintiffs ?

    If I remember correctly, the lawsuit was that USCIS did not follow proper rule making procedures.
    Court says rule making need not be followed as this memo is not legally binding.




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  • needhelp!
    10-10 04:05 PM
    Date: Saturday, October 13, 2007
    Start Time: 4:00 PM Central Daylight Time
    Dial-in Number: 1-785-686-2400 (Kansas)
    Access Code: Available to members of TX State Chapter (http://groups.yahoo.com/group/texasiv)

    Please join the upcoming call for updates on current activity/future plans.




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  • WaitingUnlimited
    01-18 12:43 PM
    First of all, Welcome to Immigration Voice!!

    It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.

    What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.

    You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.

    Good Luck!!




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  • pawelw
    07-05 12:42 PM
    Thanks for your replies.
    Do you know what is a common practice of USCIS in case they don't find our reply to such RFE good enough? Do they follow up with another RFE or just deny I140? I'm trying to figure out how much time will I have to pack my stuff if things go really bad :).



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  • SlowRoasted
    05-22 10:14 PM
    i dont like where the money text is. should be in one of the corners.




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  • hope_2007
    03-28 02:50 PM
    Hi all,
    I do not know the timing but you may try calling right now, an automated message asks you to choose between senators(to whom you would like to send your voice) and you are then asked to leave message to the representative stating that you "Support the CIR".

    Thanks ...



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  • M�rmUr3n
    04-19 07:41 PM
    That's a very cool effect, simple and interesting, nice job, but the price ,....mmm it needs something, don't you think?




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  • Hello_Hello
    10-29 09:13 AM
    Your total withholding is $1400 or your difference with using 3 allowance or 6 allowance is $1400. Assuming you are talking about total. Your difference should be 300-400 a month. I am not justifying your companies attitude nor I am asking you to not take any action. But all I am telling you is it's not a big deal..personally I feel better when I get a chunk of money in Tax refund. But for that I have to wait one full year and deductions are $1400 more per month.



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  • watzgc
    09-19 07:14 PM
    is it for Sub-Labour ? Category ?




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  • msgrewal81
    06-27 11:41 PM
    I am on H1B visa. Can I trade in Forex using FOREX or any other online broker? Also, I need to trade in it multiple times on a single day. That's the nature of this business if you want to make money.

    please guide...



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  • bin2000
    08-25 01:40 PM
    Dear all,
    My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.

    I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?

    Please advice.

    Thank you




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  • qualified_trash
    01-02 07:42 PM
    does not seem to be very friendly now !!

    http://tinyurl.com/ylnubu



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  • upuaut8
    08-15 03:38 AM
    It's easy, I've been doing it all week long.

    Choose to export. When you do it comes up with a menu which lets you choose wireframe export. Also it allows you to choose which type of fills you want to use, as well as options for either the complete wireframe, or just the edges.

    I'll be posting my first example of interesting uses for this effect, tomarrow some time.




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  • GCHope2011
    02-27 04:20 PM
    I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?

    Thank you very much.
    If you are on F1, you need to be attending courses in-person - so e-learning/ distance learning is a voilation per-se of F1.

    Now, if you were attending the courses in-person, you can be residing anywhere (particularly in cities close to state borders), and your residency will be the address where you are staying, not the university you are enrolled in. There is nothing in the rules to be a resident of the same state as your Univ is.



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  • immigration_confused
    11-17 05:30 PM
    Hi,
    My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-

    1) What all papers are required?
    2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.

    Thanks.




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  • yestogc
    05-04 08:48 PM
    YES return flight for whole family is employers responsibility ................. of course not by business class.



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  • nt07
    11-08 09:37 AM
    My I-485 is pending, was filed in July, 07. My PD is June, 04 (EB2 India). I-140 is approved. I have to leave the US for a year to work on an expat assignment beginning last week of December, 07. I have my EAD and AP. Also, I am on a valid H1-B until May, 2008 but will be applying for an extension until May, 2009.

    Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.

    Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?

    For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?

    Any thoughts will be much appreciated.

    Thanks.




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  • nk2006
    12-11 03:31 PM
    4) Once you get 3 year H1B extension i.e. after Jan08, there are legal ways to tranfer H1B to a new company for the remaining duration but this MUST be discussed throughly with an imigration lawyer as it can be risky and very case dependent.

    Remember an employer might try to revoke the I140 in an effort to regain the underlying LC for some other employee, although a retro'ed EB3 might not be too juicy a carot for anyone nowadays.

    This may not be that difficult as you sounded. My understanding (ofcourse I am not a lawyer got to this conclusion based on my reading various posts and lawyer responses to my own and other queries) is that once you get three year extension based on approved I140, you are good to transfer. What happens if the previous employer withdraws your approved I140 - thats a grey area but most people suggest that it does not affect "H1B" status; it might affect I485 (if its applied with I140 concurrently). To be in safe side after moving to the new company immediately apply PERM/I-140.

    Also I think you can do the transfer before getting the extension, basically if you get an offer from a new employer you can apply for transfer+extension at the same time if you time it right.

    Let me know if my understanding is not right above.




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  • vivek_k
    05-07 03:25 PM
    Thanks guys. I would appreciate to know if the nationally known attorneys like Rajiv Khanna, Murthy, Ron, Shustermann are actually worth the money they charge?




    la6470
    03-07 12:53 AM
    I suggest to take the story to your local and national press... If you can afford a lawyer then consult her about possible compensation from INS for metal anguish ...

    But just remember that the immigration system in this country is designed to induce insanity in normal people - that it even drove someone like John Lennon to attempt suicide .... and that he found mental peace only by going to Japan himself followed by frequent trips to India to visit Maharishi Mahesh Yogi......




    realizeit
    06-10 12:46 PM
    From Oh:

    06/10/2008: USCIS to Issue Multiple-Year EAD for I-485 Waiters at End of June 2008!
    The Secretary of the Department of Homeland Security announced on 06/09/2008 that the DHS would start issuing multiple year EAD beginning from end of June 2008 for the I-485 filers. Hooray!

    http://www.immigration-law.com/


    FROM DHS Secretary Chertoff

    .... I'm also pleased to announce that we will be extending the validity period of the employment authorization documents that we issue to individuals who are waiting adjustment of status to lawful permit residenture or in colloquial phrase, the green card.

    Currently, adjustment applications are granted employment authorization documents with only a one year maximum validity. Beginning later this month, we'll start issuing these documents with a two-year validity period for aliens who are waiting adjustment of status if their application is expected to be pending for more than a year.

    This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there. ....

    Link: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm



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