Monday, June 13, 2011

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  • dixie
    09-19 04:06 PM
    We should just be asking for relief on waiting times, ability to travel freely, and change jobs.

    Unfortunately, this requires a complete overhaul of the immigration system; not minor amendments. For instance, if we want the ability to change jobs freely that is really asking to de-couple the whole H1-B/GC system from our employers. You know very well how things work with current law: EVERYTHING related to our presence in the US; whether that is the work visa, LC or even the PD is OWNED by our employers.

    I do agree that increasing visa numbers does not make good PR for our cause.
    But the only quick and non-controversial fix (without increasing visa numbers) that I can think of is recapture and ability to file 485 without a visa number.

    However, we cannot shy away from explaining how our problems can be solved .. after all average americans have no clue of how their country's immigration system works; if we dont do the explaining the anti-immigrant groups will do that for us with their own interpretation.





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  • phillyag
    07-20 02:17 PM
    I'm confused - what is the point of applying for AP if you aren't also applying for EAD?

    Yes, I believe you can apply for EAD yourself

    I believe one can travel on AP. For current employer EAD is only needed when I do not have H1 status.
    If i am correct.





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  • waiting4gc
    07-17 06:48 PM
    In fact your latest I94 number is needed on ALL your forms. So you will not be able to even complete the forms till you get back. So either
    1) Cut your trip short and return
    OR
    2) Continue your vacation and fill up all the forms electronically and get it verified by your lawyers if they agree to do so and then update it with the latest I94 after getting back


    So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.

    Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.

    - GS





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  • desigun
    09-10 12:58 PM
    I have a full time offer from a county school (non - profit), that is related to an institution of higher education. (submitted an agreement between the school and the univ)

    got an RFE, asking for 'substantiating documentary evidence that the beneficiary is enrolled in the program with the univ' ; This exemption cannot be claimed for other employees of the nonprofit in or through this jointly managed program.

    Is it necessary that the beneficiary should be enrolled in agreement or a mere relationship is not sufficient???

    Any suggestions....

    Thanks



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  • EndRetro
    06-20 01:03 PM
    My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.

    I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it?

    What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?

    any ideas??

    You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
    Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
    Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.





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  • vik352
    12-03 01:21 PM
    My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

    I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

    Thanks!



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  • p.guptapost
    11-06 05:54 PM
    2 K number comes from I485 inventory report from USCIS. It shows 2K visas filed overall in 2009 till Aug.





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  • Maverick_2008
    02-23 09:10 PM
    - My 485 is filed more than 6 months ago
    - My is 140 not approved yet
    - I get laid off
    - My employer doesn't revoke my 140
    - I'm already in the 8th year of my H

    So, I can go find another employer since I have my EAD and my 485 is filed for more than 180 days. Now, if my 140 is approved, no problem. If, however, my 140 gets an RFE or if my 140 is not too strong, I can find out alternatives including (but not limited to :-)) finding a decent job in my home country while I still have a job here in the US.

    Is it logical or should I go take a nap? :p

    Maverick_2008



    Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.

    I don't see the logic in your statement.



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  • cbpds
    06-08 02:52 PM
    Appreciate your response kondur, we have submitted the original I94, hence we shd be fine.

    In my opinion, you do not really have to. here are a few points (to the best of my knowledge):

    1. Surrendering I 94 establishes the day/date when you left US.

    2. If you have more than one I 94 (from the same entry), the "white one" will be attached to your passport and others (that came with extension or change of status) will be attached to your approval notices. THEY ALL ARE SUPPOSED TO HAVE SAME NUMBER. So, technically you have to surrender them all when you leave the country, but if you surrender any one of them, it still establishes the same thing and you do not need to do anything about the rest.

    3. If you forgot to return I 94 altogether, keep a record of your leaving US on specific date (copy of boarding passes, passport stamp of entry in another country etc) and you can use that as an evidence of leaving in time (if asked about it in future). OR you can return your I 94 at a laterdate with these copies attached to USCIS.

    I have not heard of anyone getting in trouble because of not returning I 94 (please correct me on this if any of you have heard of it) - as long as they did not overstay.





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  • roseball
    02-28 04:33 PM
    Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.

    #1: I am working for Company A (current company). My GC processing details (with current company):
    1. Labor Approved.
    2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
    3. I-485 - NOT filed
    #2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).

    I want to change job and join Company B (new company) for excellent offer and life long stability.

    As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?

    Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
    A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?


    A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved

    B. Yes, new company can start a new PERM and port your earlier PD during I-140 process

    C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.

    Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)



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  • aj2000
    01-09 03:51 PM
    and so are 26 other consultants in her department. All of them are being replaced by permanent employees by client from other departments.. Basically, tough times like these., consultants are the first to be kicked out. I am awaiting my turn :(





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  • sonline
    05-20 06:01 PM
    Not favoring Wipro or quitting person here. General comment..

    we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.

    they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?

    Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.

    Be practical, thinking peacefully. All the best.



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  • Googler
    06-18 05:10 PM
    Our beloved DHS secretary Chertoff says on June 14, 2007:

    http://www.dhs.gov/xnews/speeches/sp_1181915713176.shtm

    "know Secretary Gutierrez is also dedicated, as am I, to working very hard with members of Congress. We've been up there probably more than in our own offices over the last couple months, trying to make sure that members understand that comprehensive reform, while not perfect, offers the best chance to get all the sectors of the economy what they need in terms of work, offers the opportunity to deal humanely with what is a continuing social problem, and from my standpoint, offers us the best opportunity to maximize our efforts on national security, because, as I have said time and again, when I have agents out hunting illegal lettuce pickers, waiters and housekeepers, they're not chasing drug dealers, criminals and terrorists. I, frankly, think the drug dealers, criminals and terrorists are the biggest threat to this country."

    Then why the hell are law abiding scientists, tech workers, students et al being subjected to these kafka-esque name checks?? Seriously. I think we should start bombarding Congressional offices and Chertoff et all with phone calls. Now that the Ombudsman's data is out, USCIS and FBI can no longer say what they have been saying all these years, that the scale of the problem is miniscule.

    Instead in CIR Section 531 (COMPLETION OF BACKGROUND AND SECURITY CHECKS) takes away the right for courts to rule on writs of mandamus filings:

    "(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."

    Sen. Obama and Rep. Gutierrez introduced the Citizen Promotion Act in March 2007. The bill has a provision that asks for a namecheck to be completed in 90 days (also includes mumbo jumbo about GAO studying the problem, but the results are already in thanks to the Ombudsman).

    See

    http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.1379:

    http://thomas.loc.gov/cgi-bin/query/z?c110:S.795:

    We should enlist the co-sponsors of these bills to kill Sec 531 (k) and when CIR finally dies, to pass an amended version of the Citizen Promotion Act.





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  • Jen2010
    12-06 04:55 PM
    Dear BimmerFan,
    Thank you very much for sharing your experience !!

    I am in F-1 Visa and finishing my PhD and I have recently received a job offer to start next June.

    The J1 waiver process is related to two visas J-1 that I had before I applied to the PhD program: I came to US in 2006 as exchange visitor scholar to do a research project for six months at X University with a J-1 visa, after this I came back to my country for 1 month and applied to another J-1 visa from August'06 through Dec'06 because I was invited again to continue doing research at this university (while applying to the PhD); after this I went my country and changed my visa to F-1 to start my PhD studies. I was aware that all J-1 visas have a restriction called two-year rule "INA 212(e)" but I did not have any problem to issue my F-1 visa in 12/2006.

    Recently, I have found out that I need to issue a waiver for the two-year rule in order to be able to apply to a visa H-1B that my employer will sponsor after my OPT. I am preparing to apply now to the waiver, asking a No Objection Statement (NOS) from my embassy, I was planning to send the application next week to so that it doesn't delay my H-1 visa application next year and I don't have money to pay an attorney so I wanted to send it myself.

    I am not sure if I should mention or not my offer of employment as one of the reasons of requesting the waiver ? Do you think it could be good or bad ??

    Do you think I should pay an attorney ? of it is okay to do it independently ?

    I do not have any commitment with my home country and I have not received any sponsorship from my country or US government during these programs. This rule applied to me because my profession is written in the Exchange Visitor Skill List of the US. Department of State.

    Please advise,

    Thanks !!!



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  • snathan
    08-18 05:10 PM
    If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.

    My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.

    If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.

    This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.

    Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.





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  • sreedhar
    11-07 12:12 AM
    sreedhar


    Keep that GRIN for your later years, this web site is made to help people who are stuck in the immigration limbo.
    There are lot of us out there who have their personal decisions at stake.

    Agree with you....But I am telling Truth... Truth is always like this Buddy...Do not feel emotion. I am also here for get help from other people and if possible I will help other people. Still I don’t know what is wrong with my previous response bellow…

    “Why you worried about PDs...Yours is 2007....have to wait several years”



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  • chandansrs@gmail.com
    06-27 05:00 PM
    KrishGreen,

    Thanks for your post. Can you give the contacts of the agent that you hired to get the visa stamping done? That would be helpful.





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  • kaisersose
    02-15 11:18 AM
    The mailroom clerks who open mail and process initial information are generally functioning a in a dumbed down mode.

    USCIS is aware of their deficiences and hence have provided a solution. For such cases as yours, you should attach a cover letter clearly stating that this case is not to be opened by the mailroom people. It should be addressed to an IO who will do what's necessary.

    It appears your lawyer did not do this. So make sure he does it right this time or find a different lawyer. You can also do it yourself by learning the procedure from others who went through the same pains.





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  • ticktoe
    09-03 02:02 PM
    I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.

    Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?

    Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.

    Is it worth changing employer for gaining 2 yrs of expereince for my LC.

    Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing

    DOES THE EXPEREINCE with MS makes it better for EB2 ?

    Please let me know if there are some experts out there





    theperm
    02-08 11:02 PM
    Why would you marry in such haste & go through the trauma of not know whats going to happen i he goes to jail for the next 18 months?? why not wait until his jail issue is over ?? I am no one to judge you & mean no harm but have u thought this through ????





    sheela
    09-23 10:09 AM
    [QUOTE=smartboy75;292226]09/22/2008: USCIS Ombudsman Assistance Available for EAD Delay Cases



    I appreciate your posting this useful info and gave you green.
    Is there a 'response time' from Ombudsman office?.



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