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  • kanyewest
    04-20 02:28 PM
    I was on H1B until Feb 2009 and I applied for COS to H4 in Feb 2009. USCIS has received my COS application, and it is still pending with USCIS for 2 months now.

    1. Can a new employer apply for a new cap-exempt H1B for me (technically a transfer, as I was on H1B for 2 years before)?
    2. In that case, do I need to submit paystubs and W2s from when I last held H1B status?

    Thanks in advance for your comments.

    Note: I did not see any posts related to this particular scenario, hence had to create a new thread.




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  • Macaca
    06-10 05:53 AM
    Why Washington Can�t Get Much Done (http://www.nytimes.com/2007/06/10/weekinreview/10broder.html?_r=1&oref=slogin) By JOHN M. BRODER (http://www.nytimes.com/gst/emailus.html), June 10, 2007

    MEMBERS of Congress � with the possible exceptions of Senator Robert C. Byrd and Representative John D. Dingell � come and go. So do presidents and even Supreme Court justices.

    But some big issues come to the nation�s capital and never leave, despite the politicians� best efforts to wrap them up and send them packing. Immigration is one.

    Efforts to craft a grand compromise on the perennially nettlesome issue of how to deal with the millions who want to settle in this country collapsed in the Senate in spectacular fashion Thursday night, even though President Bush and the Senate leadership desperately wanted a deal. Almost everyone in Washington believes that America�s immigration laws are an unenforceable mess. But confronted with real legislation built on real compromises, the Senate sank beneath murderous political, geographic and ideological crosscurrents. Despite vows of senators to resuscitate the bill, it may be months � or years � before Congress again comes close to passing a major overhaul of immigration law.

    But immigration is only one of several major policy matters on which virtually all Americans agree that something has to be done, even as Washington seems mired in dysfunction. What will happen when Congress turns next to energy legislation? Or global warming? Health care? Social Security?

    It sometimes seems that it takes a catastrophe to create consensus. The Great Depression, Pearl Harbor and Sept. 11 all shattered partisan divisions and led, at least for a time, to enhanced presidential power and a rush of bipartisan lawmaking (some of which political leaders later came to regret). Today, however, the partisan chasm in Washington is deeper than it has been in 100 years, according to some academic studies, as moderate blocs in both parties have all but vanished.

    �Remember,� said Thomas E. Mann, a senior fellow at the Brookings Institution, �these are really big problems and they�re really tough. Solving them is going to involve some major changes in the way we live, the way we tax ourselves, the way we get our health care and the way we transport ourselves.�

    He added: �Many of these questions are caught up in ideological differences that really are quite fundamental. On all of them right now there is no consensus in the country and therefore the political system has to try to create one where none now exists.�

    A sign of how hard it is to fashion a compromise on these big questions is the length of time between major legislative actions on them. It took almost a decade from the collapse of the Clinton administration�s health care initiative in 1994 to the passage of the new Medicare prescription-drug benefit. The federal minimum wage went unchanged for 10 years until this spring. The last major overhaul of immigration law passed in 1986. The most recent significant revision to Social Security came in 1983.

    Even the relatively new issue of global warming has been batted around since 1988, when Al Gore began talking about its potentially dire effects. Now, despite a foot-high stack of proposed legislation on the subject, virtually nothing has been done.

    Mr. Gore said it was extremely difficult to move the political system when it is paralyzed by partisan passion and beset by well-financed and well-organized interests. He refers to the combination of the oil, coal and automobile industries as the �carbon lobby,� which he said is very difficult to defeat.

    Washington, he said, has also failed to act on global warming for much the same reason that it has not tackled the possible future insolvency of Social Security or the problem of 45 million Americans who lack health insurance. �There�s just garden-variety denial,� he said. �It�s unpleasant to think about and easy to push it off.�

    Washington often serves as a trailing indicator of public sentiment on an issue, following action in state capitals or responding belatedly to a growing public outcry. Congress and the White House did not seriously begin to move on immigration until two years ago, after the Minutemen, a civilian group, started patrolling the borders and Southwestern state governors declared states of emergency to deal with hundreds of thousands of undocumented migrants stealing in from Mexico.

    Given the failure of the 1986 immigration legislation to stem the illegal flow, the public is wary of any new government effort to control the borders, said Merle Black, a professor of political science at Emory University in Atlanta. And many lawmakers fear that if they support the current legislation they will be blamed if it fails to live up to its promises. After all, the Medicare drug benefit, too, was a much-heralded attempt to lower the costs of medicines for the elderly, but it created mountains of burdensome paperwork and huge unanticipated costs for the government.

    �The public has seen a whole series of performance failures, whether it was the war in Iraq or the response to Katrina,� Professor Black said. �It makes different groups of individuals very skeptical about politicians offering solutions. On top of that, Bush�s approval ratings are so low that he can�t exert any leadership even within his own party.�

    Government stasis was not unintended. The Founding Fathers designed the American system of government to cool public passions and created numerous impediments to rash action. They might not be surprised that two decades passed between significant action on immigration law or government old-age pensions. But they might have had trouble conceiving the complexity of the issues facing modern Washington, like global warming or the need to find a way to provide even basic medical care to one in seven Americans.

    �It was a pretty simple world Madison was dealing with when he wrote the Federalist Papers,� said Morris P. Fiorina, professor of political science at Stanford University. �His focus was on land, labor and commerce. He was clearly aware of the need to defend the borders, but he was more concerned that you had to limit the reach of government and insure that transitory majorities can�t have their way.�

    The molasses pace of governance in America is frustrating to many in and outside Washington. But the framers recognized that the dangers of succumbing to fleeting enthusiasms are often far greater than the slow process of fashioning a consensus from the competing interests of a sectional country.

    �I agree that it is a bad thing for it to take an extraordinarily long time to deal with problems,� said Mickey Edwards, a former Republican representative from Oklahoma and now a vice president of the Aspen Institute and a lecturer in government at the Woodrow Wilson School at Princeton. �But I think it is a worse thing to rush into solutions when you�re dealing with a nation of 300 million people.�

    He cited Prohibition and the Medicare drug benefit as examples of laws that carried large and unintended consequences.

    �I don�t suggest that given enough time you can make everything perfect,� Mr. Edwards said. �But you do need enough time to make sure all views are heard and you can avoid the unforeseen circumstances that plague so many things.�

    �You don�t just want them to act,� he said. �You want them to act responsibly.�




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  • mrsr
    06-20 06:49 PM
    any idea any thoughts




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  • srikanthmouli
    08-19 03:56 PM
    Dear attorney,

    please help me understand my problem.

    Through company A , My I 140 has been approved and have my 485 filed too ( i do not have the receipt number or the approval letter for the 140). I am still using the H1 from Company A
    Can i move to Company B, on H1 transfer file Ac 21, and have perm and Labor approved through company B and then port the date of company A priority date
    Without me having a proof of 140 approval will it be possible to port to the earlier date.
    Or should i have company B file labor and 140 as a future employer have 140 approved then port it and move to employer B.

    Thanks in advance



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  • glus
    04-30 08:19 AM
    If you can't show you have had 3 years of experience at the time the labor was filed...you will most likely have hard times getting I140 approved.....the service centers are very thorough regarding work experience.


    I am not an attorney.

    G




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  • Templarian
    03-18 05:02 PM
    Close it's results from a survey I did with like 15 people. Lets say they were in a certain state of mind.



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  • sweet23guyin
    05-07 02:08 PM
    Use FOIA.
    You may read below thread for a better understanding...

    http://immigrationvoice.org/forum/showthread.php?t=14427




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  • ash27
    07-17 07:45 PM
    Can we go to USCIS office after 90 days of filing I-485 to get EAD? Also, does the 90 day counter starts once we file or when we get the receipt from USCIS. Please advice!



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  • vineet_mittal
    08-31 12:14 PM
    My I-140 is approved. And we are planning to change my wife's status from H4 to F1 student. Is it ok to do that ? I heard that it will be problematic for my wife to go back on Green path. Please advise.




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  • Blog Feeds
    07-29 06:20 PM
    Robert Creamer has an interesting analysis of how the ruling in Arizona could affect the Democrats' prospects in November. Many pundits are assuming that Republicans benefit. But Creamer makes a point I've said here many times. The only voters who switch their votes on the immigration issue are Hispanics. Anti-immigrants NEVER vote for the Democrats anyway. They almost always have a host of issues that they care about and in most cases the GOP is the better fit for those voters. So Democrats who try and pander to the Tea Party types are wasting their time.

    More... (http://blogs.ilw.com/gregsiskind/2010/07/why-the-arizona-ruling-is-good-for-democrats.html)



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  • sss9i
    09-27 02:44 AM
    http://www.shusterman.com/cgi-bin/ex-link.pl?www.aila.org/content/default.aspx?docid=23415




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  • prioritydate
    03-09 07:24 PM
    Send me a PM



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  • solaris27
    01-31 10:04 AM
    i got in 2-3 days




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  • sweet_jungle
    06-17 01:52 AM
    No replies. So dropping idea of getting Business Credit Cards - perhaps it is not important at this stage.

    Yes, I did get a business checkin card. Credit card, I guess, I can get only when the EIN number develops some history. Do you already have a business checking card?



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  • Blog Feeds
    07-15 03:01 PM
    On July 9, the Senate, by a vote of 84 to 6, passed a DHS funding bill which includes a variety of immigration enforcement and benefits measures. The measure now goes to a House-Senate Conference Committee which must reconcile this bill with a funding measure previously passed by the House of Representatives which contains none of the immigration amendments added by the Senate. ENFORCEMENT PROVISIONS The Senate adopted an amendment offered by Senator Jim DeMint (R-SC) to provide that the DHS must complete 700 miles of actual fencing along the U.S.- Mexican border by the end of fiscal year 2010....

    More... (http://blogs.ilw.com/carlshusterman/2009/07/senate-bill-includes-immigration-measures.html)




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  • kirupa
    07-25 01:35 AM
    Added :beam:



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  • ssksubash
    05-04 08:38 AM
    Hi,

    Do we have to pay the issuance fee if we are getting stamping in India. I am getting my H1B stamping in chennai. I am in my 8th yr of H1B.

    Can any one please inform me about this ? Also if any one recently had their stamping done, can you please post your experience.

    Thanks,




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  • lecter
    February 25th, 2004, 06:10 PM
    hmmmm.....
    interesting offer.....

    :)

    H1B more than 6years by mistake [Archive] - Immigration Voice

    View Full Version : H1B more than 6years by mistake





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  • Macaca
    02-17 04:49 PM
    From Tying It All Together: Learn about the Legislative Process (http://www.house.gov/house/Tying_it_all.shtml).

    The chief function of Congress is the making of laws. The legislative process comprises a number of steps. A very brief overview of the legislative process within the House of Representatives is presented below. There are many aspects and variations of the process which are not addressed here. A much more in-depth discussion and presentation of the overall process is available in How Our Laws Are Made (http://thomas.loc.gov/home/lawsmade.toc.html). Most of the information presented below was excerpted from that Congressional document.

    Forms of Congressional Action
    The work of Congress is initiated by the introduction of a proposal in one of four principal forms: the bill, the joint resolution, the concurrent resolution, and the simple resolution.

    Bills
    A bill is the form used for most legislation, whether permanent or temporary, general or special, public or private. A bill originating in the House of Representatives is designated by the letters "H.R.", signifying "House of Representatives", followed by a number that it retains throughout all its parliamentary stages. Bills are presented to the President for action when approved in identical form by both the House of Representatives and the Senate.

    Joint Resolutions
    Joint resolutions may originate either in the House of Representatives or in the Senate. There is little practical difference between a bill and a joint resolution. Both are subject to the same procedure, except for a joint resolution proposing an amendment to the Constitution. On approval of such a resolution by two-thirds of both the House and Senate, it is sent directly to the Administrator of General Services for submission to the individual states for ratification. It is not presented to the President for approval. A joint resolution originating in the House of Representatives is designated "H.J.Res." followed by its individual number. Joint resolutions become law in the same manner as bills.

    Concurrent Resolutions
    Matters affecting the operations of both the House of Representatives and Senate are usually initiated by means of concurrent resolutions. A concurrent resolution originating in the House of Representatives is designated "H.Con.Res." followed by its individual number. On approval by both the House of Representatives and Senate, they are signed by the Clerk of the House and the Secretary of the Senate. They are not presented to the President for action.

    Simple Resolutions
    A matter concerning the operation of either the House of Representatives or Senate alone is initiated by a simple resolution. A resolution affecting the House of Representatives is designated "H.Res." followed by its number. They are not presented to the President for action.

    For more information on bills and resolutions see Forms of Congressional Action (http://thomas.loc.gov/home/lawsmade.bysec/formsofaction.html) in How Our Laws Are Made.

    Introduction and Referral to Committee
    Any Member in the House of Representatives may introduce a bill at any time while the House is in session by simply placing it in the "hopper" provided for the purpose at the side of the Clerk's desk in the House Chamber. The sponsor's signature must appear on the bill. A public bill may have an unlimited number of co-sponsoring Members. The bill is assigned its legislative number by the Clerk and referred to the appropriate committee by the Speaker, with the assistance of the Parliamentarian. The bill is then printed in its introduced form, which you can read in Bill Text (http://thomas.loc.gov/home/c110query.html). If a bill was introduced today, summary information about it can be found in Bill Status Today (http://thomas.loc.gov/bss/d110query.html).

    An important phase of the legislative process is the action taken by committees. It is during committee action that the most intense consideration is given to the proposed measures; this is also the time when the people are given their opportunity to be heard. Each piece of legislation is referred to the committee that has jurisdiction over the area affected by the measure.

    For more information on this step of the legislative process see Introduction and Reference to Committee (http://thomas.loc.gov/home/lawsmade.bysec/introtocomm.html) of How Our Laws Are Made.

    Consideration by Committee
    Public Hearings and Markup Sessions
    Usually the first step in this process is a public hearing, where the committee members hear witnesses representing various viewpoints on the measure. Each committee makes public the date, place and subject of any hearing it conducts. The Committee Meetings (http://www.house.gov/daily/comlist.html) scheduled for today are available along with other House Schedules (http://www.house.gov/house/floor/thisweek.htm). Public announcements are also published in the Daily Digest portion of the Congressional Record (http://thomas.loc.gov/home/r110query.html).

    A transcript of the testimony taken at a hearing is made available for inspection in the committee office, and frequently the complete transcript is printed and distributed by the committee.

    After hearings are completed, the bill is considered in a session that is popularly known as the "mark-up" session. Members of the committee study the viewpoints presented in detail. Amendments may be offered to the bill, and the committee members vote to accept or reject these changes.

    This process can take place at either the subcommittee level or the full committee level, or at both. Hearings and markup sessions are status steps noted in the Legislative Action portion of Bill Status (http://thomas.loc.gov/bss/d110query.html).

    Committee Action
    At the conclusion of deliberation, a vote of committee or subcommittee Members is taken to determine what action to take on the measure. It can be reported, with or without amendment, or tabled, which means no further action on it will occur. If the committee has approved extensive amendments, they may decide to report a new bill incorporating all the amendments. This is known as a "clean bill," which will have a new number. Votes in committee can be found in Committee Votes.

    If the committee votes to report a bill, the Committee Report (http://thomas.loc.gov/cp110/cp110query.html) is written. This report describes the purpose and scope of the measure and the reasons for recommended approval. House Report numbers are prefixed with "H.Rpt." and then a number indicating the Congress (currently 107).

    For more information on bills and resolutions see Consideration by Committee (http://thomas.loc.gov/home/lawsmade.bysec/considbycomm.html) in How Our Laws Are Made.

    House Floor Consideration
    Consideration of a measure by the full House can be a simple or very complex operation. In general a measure is ready for consideration by the full House after it has been reported by a committee. Under certain circumstances, it may be brought to the Floor directly.

    The consideration of a measure may be governed by a "rule." A rule is itself a simple resolution, which must be passed by the House, that sets out the particulars of debate for a specific bill�how much time will allowed for debate, whether amendments can be offered, and other matters.

    Debate time for a measure is normally divided between proponents and opponents. Each side yields time to those Members who wish to speak on the bill. When amendments are offered, these are also debated and voted upon. If the House is in session today, you can see a summary of Current House Floor Proceedings (http://clerk.house.gov/floorsummary/floor.html).

    After all debate is concluded and amendments decided upon, the House is ready to vote on final passage. In some cases, a vote to "recommit" the bill to committee is requested. This is usually an effort by opponents to change some portion or table the measure. If the attempt to recommit fails, a vote on final passage is ordered.

    Resolving Differences
    After a measure passes in the House, it goes to the Senate for consideration. A bill must pass both bodies in the same form before it can be presented to the President for signature into law.

    If the Senate changes the language of the measure, it must return to the House for concurrence or additional changes. This back-and-forth negotiation may occur on the House floor, with the House accepting or rejecting Senate amendments or complete Senate text. Often a conference committee will be appointed with both House and Senate members. This group will resolve the differences in committee and report the identical measure back to both bodies for a vote. Conference committees also issue reports outlining the final version of the bill.

    Final Step
    Votes on final passage, as well as all other votes in the House, may be taken by the electronic voting system which registers each individual Member's response. These votes are referred to as Yea/Nay votes or recorded votes, and are available in House Votes by Bill number, roll call vote number or words describing the reason for the vote.

    Votes in the House may also be by voice vote, and no record of individual responses is available.

    After a measure has been passed in identical form by both the House and Senate, it is considered "enrolled." It is sent to the President who may sign the measure into law, veto it and return it to Congress, let it become law without signature, or at the end of a session, pocket-veto it.




    Ramya
    11-08 06:29 PM
    Hi,
    I am currently with Wipro. I was working in india and i came onsite thorugh Wipro itself on H1B . Right now i have couple of offers with other companies and i would like to resign wirpo. When i want to resign wipro asks me to pay 5 lakhs + H1B change ($2000) . Can you please let me know how to proceed with this ? The reason why they are asking me to pay 5 lakhs is they want me to come back to india and work for 6 months(which does not make sense) when i have couple of offers here .

    Is it legal for companies to charge this much of money ?

    Has anyone from wipro come onsite and resigned here ?

    Thanks,
    Ramya




    today24
    11-17 07:54 PM
    Hi,

    I am going back to India by next week. But my L1B extension is still pending (We applied for ext., before it expired and recieved RFE and responded. So as of now its more then 6 months from the date of I-94 expired and still my petition is in process).

    My question is,

    - while going back, do I need to show the copy of reciept in Port of Entry? (as I need to return my I-94 which is expired long back)
    - Will it create any problem when I apply for extension again?
    (My employer say, it shouldn't be a problem as I will have Approved/Denial notice which prove that I maintained legal status)

    Or is it worth to wait here until I get the decision? (as I may cross 240 days by Jan, I am not sure whether the decision will come before that)...
    Please adivce.



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