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08-03 12:50 PM
At least six federal lawsuits are pending which challenge the USCIS' interpretation of the "automatic conversion" clause of the Child Status Protection Act (CSPA) of 2002. In one of these lawsuits, Costelo v. Chertoff, a Federal Judge has certified a nationwide class of family-based derivative beneficiaries. We link to each of the cases referred to in this article from our "CSPA" page at http://shusterman.com/cspa.html The question addressed by this article is how much, if any, deference should the Federal Courts give the BIA's recent decision interpreting CSPA's automatic conversion clause. Matter of Wang, 25 I&N 28 (BIA 2009). The automatic...
More... (http://blogs.ilw.com/carlshusterman/2009/07/bias-cspa-decision-not-entitled-to-deference.html)
More... (http://blogs.ilw.com/carlshusterman/2009/07/bias-cspa-decision-not-entitled-to-deference.html)
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uma001
06-25 12:41 PM
5 more Representatives co-sponsor for CIR ASAP of 2009 bringing it to 102 sponsors.
However, unless the Senate moves on Immigration .. nothing will happen in the House.
What happened to STEM bill? When is it coming to senate?
However, unless the Senate moves on Immigration .. nothing will happen in the House.
What happened to STEM bill? When is it coming to senate?
ecrangan
05-26 01:59 PM
Hi Guys:
My wife received the H1 approval notice today. Her employer notified her today morning. Good luck to all those who are waiting for the approval.
Thanks
RRR
My wife received the H1 approval notice today. Her employer notified her today morning. Good luck to all those who are waiting for the approval.
Thanks
RRR
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kirupa
07-14 04:13 AM
Added! :)
more...
sathish_gopalan
02-08 09:11 PM
Guys. Is this 7% country limit a hard or soft one ?. Assuming 1,40,000 total immigrant visas, India would get 7% of it and that is 9800. Then you have the preference category. Assuming there are unused immigrant visas from other countries, how do they get allocated ?. Does anyone has clear idea ?.
anyway
10-27 09:28 PM
@Kirupa: Not live tiles, but selection tiles (thumbnails) -- square boxes with text and maybe an image . They are use in panoramic applications instead of a list box.
You should do a video tutorial on creating the different elements of a panoramic app, i.e., the listbox, selection tiles (thumbnails), and a listbox with text+image(on the left). I think the xbox hub is a great example.
You should do a video tutorial on creating the different elements of a panoramic app, i.e., the listbox, selection tiles (thumbnails), and a listbox with text+image(on the left). I think the xbox hub is a great example.
more...
YUEN
03-13 12:28 AM
Anyone know? Pls advice, Thank you.
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gchopes
04-19 12:28 PM
My lawyer said it was ok and we have applied for h4 extension for spouse. Its under regular processing at VSC so I won't know the outcome for a few months.
more...
bsoumya
06-07 01:51 PM
I am a Indian citizen working in the technology sector on a H1B Visa. My 6 years on H1b in US are over. I have a approved I-140 and based on that I have a H1b extension for another ~2.5 years. My wife also works on a H1B Visa. I plan to go to school in the US for an MBA degree and will need to move to F1 Visa (student). Can I legally work in US after my education is complete in approximately 2 years time? Or do I need to move out of US before starting employment on either H1B or OPT (If these are allowed for MBA students)?
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wrldnw4me
01-27 01:15 PM
count me in
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vethalan
03-04 05:38 PM
I think you can do that as long as the other H1B's were not cancelled.
Talk to an Immigration Attorney about this issue.
Talk to an Immigration Attorney about this issue.
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samuel5028
03-14 02:37 AM
The Hyderabad Consulate will probably only service AP applicants.If a person from pune tries to bypass that office and wishes to get the work done at Hyderabad merely to expedite,the Hyderabad office may even summarily reject the application.Take your chances but be
prepared for all eventualities.
prepared for all eventualities.
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Macaca
09-21 09:17 AM
Reid warns of December adjournment (http://thehill.com/leading-the-news/reid-warns-of-december-adjournment-2007-09-21.html) By Jackie Kucinich | The Hill, September 21, 2007
Senate Majority Leader Harry Reid (D-Nev.) suggested Thursday that lawmakers may need to stay until Christmas to finish their must-pass bills.
His comments underscored that one of Congress�s most stubborn bipartisan traditions � the unattainable adjournment date � may again stand the test of time.
According to the current House calendar, the first session will end Oct. 26, giving lawmakers plenty of time to go back to their districts to talk about the session�s successes or failures, depending on their party.
In reality, Congress rarely adjourns before November, oftentimes staying through December to complete the �people�s work� � appropriations bills � before members head home for the year.
Reid said he hoped that the Senate would not stay until Christmas because of the lingering appropriations battle, but he didn�t rule it out. In July, Reid set the target date at Nov. 16, but was less than confident that the goal would be met even at that point.
Reid added he has spent a lot of time negotiating the appropriations process with House Appropriations Chairman David Obey (D-Wis.) as well as the new chief of the Office of Management and Budget, Jim Nussle.
Reid called the difference between the White House budget request and the pending appropriations bills � $21 billion � �a very small amount.� The White House has threatened to veto any spending bill that exceeds its request.
�It�s not as if we are trying to spend this money� on brand-new programs, he said, noting that the funding would go toward law enforcement programs, healthcare and education.
�I don�t want a headache, I want to try to work this out,� Reid said.
He added, however, that the going might be tough, blaming Bush�s �unusual� way of negotiating. �It�s his way or no way.�
House Majority Leader Steny Hoyer (D-Md.) was slightly more optimistic, explaining that House lawmakers have opted to work the week of Columbus Day rather than taking it off like their Senate colleagues.
�We have work to do, and we�re going to [do] it,� Hoyer said. �We are hopeful to certainly get out � we scheduled October 26th as the date to adjourn.�
He added: �I would be unrealistic if I told you that I thought October 26th was a hard date at best.�
House Republicans blamed the inability to meet the deadline on what they described as a light work schedule of early votes and adjournment.
�I think Democrats are coming to the realization that fewer post offices need naming than they had previously thought. It was a fundamental miscalculation on their part,� quipped Amos Snead, a spokesman for Minority Whip Roy Blunt (R-Mo.).
A House GOP aide added: �This majority couldn�t hit the broad side of a barn with a beach ball from point-blank, no less a target adjournment date when not a single spending bill has arrived on the president�s desk to date.
�Having said that, we�re heading for the biggest omnibus in history, and we�ll see it around the time kids start looking for Santa,� the aide added.
In July 2006, then-Majority Leader John Boehner (R-Ohio) proposed abolishing adjournment dates, citing the fact that they are never met on time and are arbitrary at best.
�It means nothing,� Boehner told reporters at the time. �You all know it means nothing because it really does mean nothing. Anyway, there is no reason to have a target adjournment on the schedule.�
Senate Majority Leader Harry Reid (D-Nev.) suggested Thursday that lawmakers may need to stay until Christmas to finish their must-pass bills.
His comments underscored that one of Congress�s most stubborn bipartisan traditions � the unattainable adjournment date � may again stand the test of time.
According to the current House calendar, the first session will end Oct. 26, giving lawmakers plenty of time to go back to their districts to talk about the session�s successes or failures, depending on their party.
In reality, Congress rarely adjourns before November, oftentimes staying through December to complete the �people�s work� � appropriations bills � before members head home for the year.
Reid said he hoped that the Senate would not stay until Christmas because of the lingering appropriations battle, but he didn�t rule it out. In July, Reid set the target date at Nov. 16, but was less than confident that the goal would be met even at that point.
Reid added he has spent a lot of time negotiating the appropriations process with House Appropriations Chairman David Obey (D-Wis.) as well as the new chief of the Office of Management and Budget, Jim Nussle.
Reid called the difference between the White House budget request and the pending appropriations bills � $21 billion � �a very small amount.� The White House has threatened to veto any spending bill that exceeds its request.
�It�s not as if we are trying to spend this money� on brand-new programs, he said, noting that the funding would go toward law enforcement programs, healthcare and education.
�I don�t want a headache, I want to try to work this out,� Reid said.
He added, however, that the going might be tough, blaming Bush�s �unusual� way of negotiating. �It�s his way or no way.�
House Majority Leader Steny Hoyer (D-Md.) was slightly more optimistic, explaining that House lawmakers have opted to work the week of Columbus Day rather than taking it off like their Senate colleagues.
�We have work to do, and we�re going to [do] it,� Hoyer said. �We are hopeful to certainly get out � we scheduled October 26th as the date to adjourn.�
He added: �I would be unrealistic if I told you that I thought October 26th was a hard date at best.�
House Republicans blamed the inability to meet the deadline on what they described as a light work schedule of early votes and adjournment.
�I think Democrats are coming to the realization that fewer post offices need naming than they had previously thought. It was a fundamental miscalculation on their part,� quipped Amos Snead, a spokesman for Minority Whip Roy Blunt (R-Mo.).
A House GOP aide added: �This majority couldn�t hit the broad side of a barn with a beach ball from point-blank, no less a target adjournment date when not a single spending bill has arrived on the president�s desk to date.
�Having said that, we�re heading for the biggest omnibus in history, and we�ll see it around the time kids start looking for Santa,� the aide added.
In July 2006, then-Majority Leader John Boehner (R-Ohio) proposed abolishing adjournment dates, citing the fact that they are never met on time and are arbitrary at best.
�It means nothing,� Boehner told reporters at the time. �You all know it means nothing because it really does mean nothing. Anyway, there is no reason to have a target adjournment on the schedule.�
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d_ankoor
01-20 01:11 AM
My future employer "A" has filed an appeal I290B for denied I140 ("Inability to pay") which is pending at USCIS, however now my current employer "B" wants to file I140 for me. Both of this are on different labor approvals and different job descriptions. Can my current employer "B" file I140 without my future employer "A" withdrawing the I290B appeal? Will filing of I140 by my current employer "B" affect the denial of any of these applications?
Many Thanks,
AnkoorD
Many Thanks,
AnkoorD
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raysaikat
01-29 12:33 AM
1)
I am working on EAD for a company A (I have approved H1 with company B). i want to maintain both the statuses, can i do that by running the paycheck with H1 company?
You cannot be on H1-B if you are working using EAD.
2)
my fiancee is on H1 status and i want to change her status from H1 to H4 (H1 getting expired). will it be ok as long as i maiting H1 status?
Thanks
In order to qualify for H-4, the person has to be a legal dependent on the person holding H1-B. AFAIK, fiancee is not legally a dependent.
I am working on EAD for a company A (I have approved H1 with company B). i want to maintain both the statuses, can i do that by running the paycheck with H1 company?
You cannot be on H1-B if you are working using EAD.
2)
my fiancee is on H1 status and i want to change her status from H1 to H4 (H1 getting expired). will it be ok as long as i maiting H1 status?
Thanks
In order to qualify for H-4, the person has to be a legal dependent on the person holding H1-B. AFAIK, fiancee is not legally a dependent.
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new_horizon
03-31 10:57 AM
looks like she abondoned her green card. but who know they may be some loopholes to re-instate it. Get a good lawyer & find a good excuse. good luck.
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simpleguy
07-24 11:23 AM
Hi,
My PD is Dec-04 and I-485 filing date is Sept-07.
I changed my job in Aug-2008 and discontinued my H1B which is expired in Sept-2008. Now my only legal status is 'adjustment of status from H1B to Permanent Resident'. I think this is very common state most of the people waiting looong for GC fall into.
Now, I saw one of my friend's i-485 denied (with NO option to reopen!) bcoz an approved I-140 was not attached to this application. I agree that this is not simple mistake for USCIS can ignore, but there is always a 'very very remote' possibility that every application can be quetioned due to some flows in the filing.
Here is my question: Since I discontinued my H1B status and I am still in this country, can I apply for a fresh H1B? I am thinking because H1B quota is still open this year and to face any unexpected reason for 485 denial!
thanks in advance!
- simpleguy
My PD is Dec-04 and I-485 filing date is Sept-07.
I changed my job in Aug-2008 and discontinued my H1B which is expired in Sept-2008. Now my only legal status is 'adjustment of status from H1B to Permanent Resident'. I think this is very common state most of the people waiting looong for GC fall into.
Now, I saw one of my friend's i-485 denied (with NO option to reopen!) bcoz an approved I-140 was not attached to this application. I agree that this is not simple mistake for USCIS can ignore, but there is always a 'very very remote' possibility that every application can be quetioned due to some flows in the filing.
Here is my question: Since I discontinued my H1B status and I am still in this country, can I apply for a fresh H1B? I am thinking because H1B quota is still open this year and to face any unexpected reason for 485 denial!
thanks in advance!
- simpleguy
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bikrambaitaal
10-12 11:18 AM
For the benefit of those looking answers to this question, I found the following CBP guidelines on passport validity requirements upon entry (not at time of visa application):
http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/clp/bulletins/clp_bullentin_04162008.ctt/clp_bulletin_04162008.pdf
Please let know if this is correct.
http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/clp/bulletins/clp_bullentin_04162008.ctt/clp_bulletin_04162008.pdf
Please let know if this is correct.
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georgemonster
04-26 07:54 PM
yep me like too. I was expecting one of those Richard D James little girls though, from come to daddy.
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smartboy75
12-08 08:20 PM
Yes ..I recently came back via Brussels to Chicago...I used my AP...No issues in Brussels....
stonebrook2008
06-25 11:49 AM
hi,
My company allows me to DIY my h1b renewal for my 2nd 3-year term of H1b. My title changed to SENIOR research engineer from research engineer last year. I have the same duty. When I fill out LCA/I129, which should I choose from:
a. New employment:
b. Continuation of previously approved employment without change with the same employer
c. Change in previously approved employment
d. New concurrent employment
e. Change in employer
f. Amended petition
My wage is ok. Are there any potential problems or things I need to pay attention if I file my H1b extension with new title? or it is perfectly ok?
Thanks a lot for your attention
My company allows me to DIY my h1b renewal for my 2nd 3-year term of H1b. My title changed to SENIOR research engineer from research engineer last year. I have the same duty. When I fill out LCA/I129, which should I choose from:
a. New employment:
b. Continuation of previously approved employment without change with the same employer
c. Change in previously approved employment
d. New concurrent employment
e. Change in employer
f. Amended petition
My wage is ok. Are there any potential problems or things I need to pay attention if I file my H1b extension with new title? or it is perfectly ok?
Thanks a lot for your attention