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Wednesday, June 8, 2011

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  • pani_6
    06-05 09:51 AM
    I think next month its predicted that the Visa numbers will move forward and then retrogress again...so in October again there may be forward movement..what do you guys think!





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  • R009
    09-20 02:55 AM
    I have similar situation, got all my Receipts and got FP appointment. My H1 expired in 1st week of September. I would like to have H1 extended but, my employer and lawyer are saying "it is not possible now, and you will get your EAD dont worry".

    Is there any way that i can get my H1 extended





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  • mena
    11-18 06:02 PM
    Hi Sheraz,

    I still haven't received the documents yet will post once have received do let us know if you happen to get your's first.

    PD: 11/22/2005 (ROW i.e. Pakistan) EB3
    I140 : Approved June 2006
    EAD : Received October 2007
    485: Pending


    Thanks





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  • kevinkris
    07-10 05:33 PM
    Hi,

    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending

    Question:

    1. Does L1 period is counted for H1 extention?
    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?
    3. What if the old employer revokes his I140 now? His GC process is invalid?
    4. If we leave about GC, Can he do H1 transfer atleast?

    Thanks for your valuable suggestions.



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  • surya.kant
    06-19 01:30 PM
    Hello Unseenguy,
    Thanks for the reply.
    I forgot to mention that i was already on h1 before so i dont fall under H1CAP. This is the reason i applied for H1 from h4 as previously i was on H1B


    You are not subject to H1 cap, since you had been on H1 status in last 6 years. However, H1 portablity applies only for H1-to-H1 transfer.

    Your H1 petition is approved. You need to get H1 visa from consulate.


    Surya.





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  • ajju
    11-13 09:37 PM
    Hi Guys,

    My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

    Please Sugest

    Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...

    Otherwise.. what are you waiting for :-)



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  • lazycis
    12-05 01:04 PM
    Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.





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  • pbojja
    11-17 11:04 AM
    I know someone who went to Canada for the weekend and got the I-94 with the correct date on it.
    Note that the airline (AA), on his way out of the US, was not willing to take his I-94 since he was going for less than 30 days. So he had to explain to them about his situation and they took it.

    Also note that if you have an Indian passport, you will need a visa to go to Canada.

    The other option to extend your I-94 is for your employer to refile I-129, and request for extension of stay. This can be done using premium processing.

    I did the same thing . Except I returned my I94 while returning to US as the airlines did not take my I94. While returning I just explained my situation to immigration officer and she was knowlegable and issued a new I94.



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  • gsc999
    07-15 08:23 PM
    I know we have to do a lot of work to get coverage but I was just saddened at the behavior of the bigwigs. They know the news and yet chose not to report it.
    ---
    - All the local Chinese newspaper carry this event on front page
    - We were on local KTSF TV, thanks to help from our Chinese friends
    - We were local KTVU 2 TV channel at prime time
    - We have been covered by local print media like Mercury news
    - We have interviewed with local radio stations
    - We had reporter from Associated Press cover this event
    - BusinessWeek wrote an article about us

    Mind you this is Silicon valley not some countryside suburb in America.

    I encourage you to collect these links and post them in the existing San Jose rally thread so people understand the real breath of media coverage that this rally actually received. Our volunteers are too exhausted from yesterday's event your help will be appreciated.





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  • chanduv23
    08-14 04:06 PM
    with this tension i m jusst going to end up with piles. then paskal will have to look at my piles :(

    Paskal is busy with schizophrenic members and members with obsessive compulsive disorder and with members who see hallucinations of reciept notices :D:D:D

    Those who sign fedex in USCIS never thought their names willbe discussed on the internet



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  • chanduv23
    06-05 08:50 AM
    I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.

    I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.

    After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.

    Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)

    Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.

    First things first. Don't get stressed out. You have hired an Attorney to represent you - u r a client for the Attorney and it is their duty to work with you.

    It is very common - people are very receptive before you pay and after that, they tend to slow down on you because they are spending time to bait in the next potential client.

    You can report this lawyer to the bar or to AILA or probably to better Business Bereau. Folks here can guide you.

    Some Attorneys are very receptive, they value and treat you well. They try their best to get back to you in a day or two. I have seen Attroneys responding to queries late night - probably thats the time they set for email responses or so.

    My message to Attorneys - do please value your client. These days, immigrants have a lot of platform and power and are better informed so don't take your clients for granted. t
    The better you treat your client, the better business for you.





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  • Keeme
    02-11 01:40 PM
    Last week my wife's I-485 got an RFE on Medical Examination and Photos. Why is that only my wife got it and not me the primary applicant? Any thoughts. I have read some time ago that if the Medical examinations are 1 year older at the time of application processing they would request for a new one, is that still true?

    Looking for your replies.

    Thanks,
    Raj

    Contributed $300 so far.

    Call and ask them how can they do this huge mistake and they will issue one for you as well !

    My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?



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  • cnag
    07-09 10:23 PM
    That's true. Priority Mail + Delivery Confirmation.

    Can the docs be sent thru Fedex??





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  • tcsonly
    03-04 02:37 PM
    My understanding is, while your AOS is pending, you're in parolee status. This is what you mention on the EAD & AP renewal applications. A copy of your 485 receipt notice should be enough which has the "A" number if the university wants to check with the CIS.

    Chandra.



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  • logiclife
    07-17 04:14 PM
    Congrats Retrohatao.

    What's depressing about the process is that it takes so long for greencard that people dont even remember their priority date by the time they get greencards.

    Retrohatao has posted PD of his first GC file as :"Sometime in 1998". Note the word sometime.

    This word, "Sometime" shows the delay.

    In America, glaciers move faster then the Greencard process.

    That's the reason Universities are going to pay a dear price of all this when the next generation of potential students and research scholars dont come here.





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  • a_yaja
    06-26 02:08 PM
    First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.
    Agreed. As per my understanding, "consulting" as per the bill's definition is:
    1. You are working at another employer's location (or client location)
    AND
    2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)

    So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.

    This is my understanding of the bill. There are a lot of people who disagree with my interpretation.

    Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.



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  • eb3retro
    04-13 04:09 PM
    Thanks a lot for the reply.
    I have talked with lawyer regarding this.
    She has the following to Say:

    a) Ac21 is perfectly legal thing and many of her clients are traveling on AP under AC21 and do not have any issue.
    b) CBP officers know about this and there is nothing to worry.
    c) If the CBP officer is getting two suspicious they can't deport me. They have to parole me and then run a case or check on me. Where my lawyer can talk with them and make thenm understand that everything is OK
    d) she assures me that there is nothing to worry and I can go and come back hassle free.

    Do you people think all of these statements are correct?

    Thanks a lot.

    pls tell me how much different it is from what I have response for your original query..





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  • werc
    03-26 04:31 PM
    Could you please link the relevant information.It would be nice to know about it.

    thx


    If you don't have 1 year gap. otherwise you are subjected to.





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  • gcwatchdog
    10-18 01:58 PM
    No need to worry even if it's warning...
    I had a same situation with my wife FP yesterday.
    she got warning for 2 fingers........
    I asked FP officer why the warnings and does it cause any problems.then
    she replied nothing to worry it happens somtimes..
    then asked again do we need to comeback again for FP.....
    she replied no..not necessary unless and until FBI has any questions...





    solaris27
    10-15 09:21 AM
    1) Will I get my DL extended till Jan 08 (based on H1b) or Sep 08 (based on EAD)?

    It depends what you want to use if you use H1B then till Jan 08 and if EAD then sep 08

    2) If they extend DL based on EAD, will I loose H1 status as I used EAD?

    No





    texcan
    08-13 11:18 PM
    I got LUD on two 140's for 8/12/07.

    Based on so many LUDs, my hunch is it might be data check for 485 entry.
    or it does't mean anything.

    if checks are cashed in a day or two, then it surely is 485
    or does USCIS deposits checks first.

    LUD on so many cases cant be a coincidence.

    my 2 cents



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