Jumat, 10 Juni 2011

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  • gimme_gc_asap
    06-19 10:55 PM
    Be cool my babies....
    Be nice to the guy
    It may or may not. No one knows. Dont act like you know it all!!





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  • number30
    06-19 01:30 PM
    Hello All,
    I am contacting you regarding an Inquiry of
    " H1B Approved without I-94 and to appeal for I-290B.

    I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.

    Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
    So i don't fall under New H1 Quota, i.e H1CAP
    keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.

    On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.

    On May 21st 2009, i received a letter from USCIS
    saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.

    Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\

    Please advice me what should i do.
    If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.

    Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
    Third Query is should i apply for a new H1 and continue working.

    Please advice me on this issue.
    Hoping to hear from you Soon.
    Thanks a lot for your help,

    You can start working immediately after filing H1, only if you are doing H1 transfer. Here you are doing Change of Status from H4 to H1. So you are NOT allowed to work immediately after filing. GO out of US as soon as possible. Filing 290B may not help you much. You have to come back with new stamping.





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  • morchu
    05-29 02:30 PM
    1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
    2. Usually you keep the same I94.
    3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.

    Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.

    Hi,
    1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?

    2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?

    3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?

    Thanks.





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  • green1
    08-19 12:24 AM
    I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice



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  • webm
    05-17 09:00 PM
    Congrats!! dude.. good to hear something moving..





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  • kdprasad
    07-17 05:57 PM
    THANKS IV and

    CONGRATULATIONS TO EVERYONE



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  • immgirl
    06-03 12:20 AM
    Don't be ridiculous. If your I-140 and I-485 are approved, this will not affect it. They are auditing PERM that is in process. FYI- Your employer needs to show that there are no qualified US workers for the position that they are recruiting for on PERM. This audit is about employers using FDBL to try to disqualify qualified US workers. This audit will delay PERM applications, but will not affect I-140 s or I-485's that are approved.





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  • WithoutGCAmigo
    05-18 11:17 AM
    Start with contacting another attorney. Let another attorney review your case and give his/her opinion.

    Just don't rely on one attorney.



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  • bp333
    07-17 08:06 PM
    Great job folks. Justice Prevails!





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  • pd_recapturing
    10-15 12:00 PM
    I think you need to show visa proof when you go to most of the DMVs.
    But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
    When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
    Well, if your friend was able to get it renewed online, that mean, he must have got his first DL in PA long time ago and at that time, there was no flag that talked about immigration status like I-94. But at the later stage, DMV started attaching a restriction with H1B and other visa hoders to check the I-94 H1B status etc ...those ppl r still enjoying same setup and ppl like us are going through this whole excercise.



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  • gconmymind
    10-04 05:43 PM
    I live near Ahmedabad so I ask my parents to travel to Ahmedabad and submit it at Ahmedabad VFS office. VFS has offices in certain cities (lookup the website) and will accept your papers there. I hate the fact that you cannot directly mail your papers to the Mumbai consulate from USA. If your family is in Mumbai, they should be able to submit it in person to VFS.
    VFS also has an email address on their website if you want to ask them questions. They are pretty good at responding.
    So can I submit the docs through my family .. now and just go for the final interview?
    This way I can go to the embassy the day I land in Mumbai.





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  • GCwaitforever
    06-19 04:09 PM
    I heard that once we start using EAD (immigrant intent), we could never go back to using H-1B (quasi non-immigrant). Many lawyers suggest not using EAD as yet because if I-485 is ever rejected for any reason, we could still be on H-1B and go on for few more years and leave the country comfortably. Without H-1B in those circumstances, we would be out of any status and we have to leave the country immediately.

    Your friend might have applied for EAD, but primarily he must be staying on H-1B only. His wife could be using the EAD very much.



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  • avi_ny
    08-12 09:33 PM
    My case EB3 PD Jan 2004
    I40 approved TSC July 2007
    485 filed at NSC July 2nd

    LUD is 8/12/2007

    Does this mean anything ?

    On 2nd July, what time was your i-485 application received at NSC?





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  • sdeshpan
    07-22 02:53 PM
    If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.


    Hello Ann - Is that the case even if the new job has a slightly different job profile than the first one that you have an approved I-140 for? Is there anything specific to keep in mind in terms of same/similar job classification?

    Thanks!



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  • dontcareaboutGC
    08-20 02:53 PM
    I spoke to the US mission- they dont have information yet about the process change for people who want to take appointments after 1st of Sept.

    However people who have already taken appointments prior to Sept 1 are not subject to any change. They need to show up with a reciept the day of the interview as before.

    Hope this helps.





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  • polapragada
    02-17 11:43 AM
    we worked on this op-ed article and Nitin did exceptional hard work and we can see the results here -
    Hindustan Times Article about Discriminatory Amendment
    http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=ViewsSectionPage&id=26183b7b-d7fe-4db4-a081-f54262ab1fd7&MatchID1=4924&TeamID1=4&TeamID2=2&MatchType1=1&SeriesID1=1244&PrimaryID=4924&Headline=Anti-immigrant+song
    OR
    http://immigrationvoice.org/forum/showthread.php?t=23776&page=1000

    We encourage all members to send us op-ed articles and will do our best to get them published in the media.

    thanks for your efforts



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  • buehler
    07-14 09:48 AM
    The EB numbers from 2006 also include the Schedule A workers and they were not constrained by the 7% limit. That is why India and Philippines were able to get more than 7%





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  • leo2606
    10-15 09:35 PM
    Is your degree 3 years, 4 years or AMIE?


    Hi
    I filled my I-140 & I-485 on Aug 2007.
    My I-140 got denied on August 28-2008.
    I came to know about my denial on Oct-15-2008
    I did not get any REF on my I-140
    My I-140 was filled under EB-2 category
    My Labour does not metion anything about EB2 or EB3

    What are my options ??? :confused:
    Can I apply for MTR? My attorney is saying you need to start all over again
    Please advise





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  • mirchiseth
    10-07 11:47 PM
    May be I am reading it incorrectly. But this news (http://www.livemint.com/2008/10/08001058/Govt-mandates-EPF-for-foreign.html?h=A1) concerns me

    New Delhi: The labour ministry has made it mandatory for international workers � both Indians working outside the country and non-Indian citizens working here � to contribute 12% of their salary (matched by an equal amount from the employer) to the Employees� Provident Fund Organisation (EPFO), irrespective of the contributions they may be making to such schemes in other countries.

    Does this mean that now if I am working for a US based company, they would have to contribute to Indian EPF on my behalf. That would put a lot of burden on them and essentially give them a dis-incentive to not hire Indian workers.

    What are your interpretations?





    pappu
    12-23 12:37 AM
    REMINIDNG EVERYONE ABOUT THE MEETING THIS SUNDAY IN STAMFORD MALL..... PLEASE PM ME FOR THE CONTACT PHONE NUMBER ......
    Thanks Anurakt.
    Im bumping up your thread and hoping for many members to show up in your Tri-state chapter meeting.





    redcard
    08-17 03:08 PM
    Sounds like someone at SSN office who may not know much about immigration.
    If your I 797 came with attached I94, then you certainly can apply for SSN card. Just ask for supervisor at the SS office and talk to them.

    If your I 797 does not have attached I 94 (meaning that you are still in H4 status), then I do not know for sure what the procedure would be to apply for SS card.

    Good Luck.

    Thanks redcard,
    Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?


    If your H1 approval notice did not come with the I-94 printed on it, then Canada is definitely an option to get it stamped, however its always better to get the first time stamping done in your home country.

    You could also get your status changed while in US, but that would take additional fees and time. Speak to your H1-b sponsor about it.

    btw, I would still check the approval notice to make sure that notice does not have an I-94 printed on the bottom of it. The I-94 printed at the bottom of the notice will have the same I-94 number as the one you have stapled to your passport, but will now have your status as H1 instead of H4.



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