Thursday, June 23, 2011

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  • mundada
    11-08 12:56 PM
    Hi everyone,
    I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
    Thanks!!
    It happened to my parents. They did not know that they had to drop the packet 5 days before the schedule date. While reading on the website, I found out that they need to drop the packet 5 days before. They then dropped the packet at the embassy 3 days before appointment day. On the appointment day, the visa officer rejected the application after asking one question "why you want to go to the USA?". The reason was a standard line -- not enough evidence that you will come back.

    I am not sure about the reason of rejection but I think it has to do with not dropping the packet on time.




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  • sixburgh
    08-13 10:46 AM
    History:
    - My h1 stamp on passport was expired, but my H1 renewal has always been done and was valid at all times.
    - Wife had entered USA on H4 (2005)
    - In July 2007, we both got a chance to apply for 485, EAD and AP
    - Since then I switched to EAD, wife too started working on EAD
    - But my company also kept renewing my H1
    - During the last H1 renewal, in-house immigration lawyer suggested that I should renew my wife's H4 too and we sent both renewal requests in the same package.
    - We both received our h1 and h4 notices.
    - Now it was time for me, to go to India for visiting my parents. I recently had applied and received my AP. When I asked my lawyer what should I use to re-enter USA, he suggested that even though I am on EAD, since I already have an H1 approval document, I should go to US consulate in India, get a H1 stamp and re-enter on H1.
    - This is what I did, I got a stamp and entered USA now on H1.
    - Note that my wife continued to remain in USA and worked on EAD.
    - Please also note that our EAD's are expiring soon and I am still waiting for them to arrive from NSC.
    - Since I entered on H1 and now using H1 on i9, I wont use my EAD, I will just keep it handy for any possible future use
    - But once wife gets EAD, she will continue to use it to work.

    Question for fellow IV members :
    By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?

    (My understanding is that, unless one re-enters BACK into the USA on h1 or h4, no automatic switch is possible)
    (I am also under this impression that unless I really file for a CHANGE OF STATUS form, specifically stating that my wife wants to change status to H4, she will continue to be under AOS/EAD)

    Someone in my office is scaring me that by merely renewing her H4, I have switched her to H4 and that since the renewal arrived, her working has created something called "illegally working on H4".

    Can someone shed some light on this: Am I right or wrong?
    Does this affect her or mine, pending 485/AOS ?




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  • kkmajid
    10-16 01:52 PM
    from pakistan, but does it matter?




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  • amitga
    12-06 04:41 PM
    I came from India to US on a intercompany transfer on L1 Visa. After 3 yrs I left the company and joined another one on H1B. Now I Joined back the old company and in the mean while my old company sold its Indian subsidiary. I am asking them to file an EB1 for me, but they are telling me that since they have sold the Indian Subsidiary, now they cannot file EB1 based on that company transfer.

    In my view the eligibity is determined based on the fact that I originally joined that company on a company transfer.

    Please let me know your view.



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  • dingox100
    11-19 02:18 PM
    My friend tried to get his brother. his brother is working in some IT company in india. The visa officer asked only one question

    Visa officer: Whats your Age?
    my friends brother: 26
    Visa officer: sorry , visa cant be issued.. rejected.

    No more questions and no more answers




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  • mytrix76
    01-11 07:54 AM
    You Can work for the same Employer On H1 even after entering US on AP.

    It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
    Please let us know if anybody has done this successfully.

    Thanks for the response. Can you please tell me how you were able to confirm that one can continue on H1 with same employer. Did you do this personally or did you hear from an attorney. The reason I am asking is that I want to be completely sure about it before I implemented it

    Thanks again.



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  • MerciesOfInjustices
    05-23 11:26 PM
    A Congressman named Pence is proposing this 'compromise', which has been posted in a Time exclusive Exclusive: A Compromise Plan on Immigration (http://www.time.com/time/nation/article/0,8599,1196991,00.html?cnn=yes)!

    With the Senate headed toward a final vote on an immigration bill this week, a leader of House conservatives is asking his colleagues to support a free-market plan aimed at bridging the gulf between the versions in the two chambers. The proposal by Rep. Mike Pence (R-Ind.), provided to TIME ahead of an unveiling speech at the Heritage Foundation, is arguably less compassionate than the version being debated in the Senate and supported in principle by President George W. Bush. But it looks to be more palatable to House Republicans, many of whom have opposed creating a guest worker program before new border crackdowns have been given a chance to work.


    Very disturbing is this passage in this article

    His plan includes all the security measures of the bill that has already passed the House, and adds a provision for guest worker visas would be good for two years. A limited renewal would be available if the worker studied English and passed an English proficiency class. Federal law already has visa categories A through V. �The visas will be referred to as �W Visas,� � Pence say in his remarks. �No kidding. I think it is obvious whose support we are trying to garner here.�



    No mention of anything for legals here!

    Hope this does not see the light of the day, and dies its own death!




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  • rsdang
    07-21 12:18 PM
    Guys,

    Make an infopass appointment and they can put a stamp in your passport which will allow you to travel.

    Thanks
    Randeep



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  • hsingh82
    03-25 05:01 PM
    Voted for few pro legal immigration messages!




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  • chanduv23
    08-10 11:50 AM
    Get some inspiration

    qtW8h5vLfn4

    and make it to the meeting and rally :)



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  • fastergcwanted
    07-18 09:48 AM
    Mr.Oh's opinion is flawed on many counts but most of all assuming what he says is correct, this delay will be/would have been the same either way. i.e the 750000 applicants will apply all at once or at regular intervals. The bright side is that spouses will get their EADs.
    Mr.Oh also assumes that USCIS processing procedure and speed will not change.
    It sounds like fluff reporting that popular media does. All fluff, no value.:D

    Well..there would not have been 750,000 applications to start with if the dates were moved in line with visa numbers..slowly but surely. This would have meant USCIS resources in line with the incoming applications.

    I hardly doubt after this forced backturn by USCIS..they would be even considering making it any faster......

    I just feel there is no fair discussion on this topic because

    1) Lawyer derive their money out of new filers (mostly 2006 and 2007)
    2) Institutions like IV and others get their funding from new filers (as they are in majority)

    Remember same thing happened when no one was fighting for the plight of people stuck in BPC...but they all cried about retrogression......

    Are these lawyers even considering that there are serveral application still pending at BPCs....and they will be behind all this unfairly filed PERM applications ahead of them...

    Grossly unfair...one would say




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  • perm2gc
    07-27 03:11 PM
    Hello Gurus,
    I am a first timer posting in this fantastic forum.
    I am in a very confusing situation wherein I need your help

    EB2 priority date: April 2007
    I 140 approved.
    I 94 expired in August 2010

    So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
    I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
    I am presuming its related to the client's letter.
    My lawyer said that we can open a MTR within 30 days.

    What are the options and todo list I have?
    1. I have a very good rapport with the client and I can get the client's letter.
    If I get it, how long will it take to approve my case?

    2. I am still working. Is it legal if I work as long as the appication is being processed.
    3. Once I get my EAD, will it matter if H-1B gets rejected?

    Please help me!

    1. MTR process takes one year.
    2.If you have EAD you can work,otherwise you cannot work.
    3.No unless your spouse also has no EAD.



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  • AB1275
    12-12 01:04 PM
    What was the REF about?

    As a backup you can file new EB3 PERM

    I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.




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  • narikg
    06-15 11:09 PM
    Passport should be valid for more than 6 months for applying I 485.
    If somebody can answer that would begreat



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  • gk_2000
    08-10 03:14 PM
    If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
    1. Increase of Immigrant visa to 290,000.
    2. Master's degree from US in STEM field not counted in any quota.
    3. Master's degree from a foreign country and three years of US experience not counted in any quota.
    4. Family counted as one.
    5. Recapture of visas from previous years

    I hope I am DEAD WRONG. But this seems too good to be true!




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  • gsc999
    05-29 08:04 PM
    I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?
    ---
    "Attorney Opinion" hmm... this title is misleading. USCIS priority date is not a legal issue. That so called opinion is a personal opinion. Ask him/her again. But this time let him that you might make some financial/ personal decisions based on his opinion :) and see his/ her reaction. Ask him what are the consequences if his advise is incorrect.:p This just might change this opinionated Attorney. Btw, I would be happy if this attorney is proven right. We all want the priority dated to move faster.



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  • kunjirs
    03-07 03:01 PM
    I am in the same boat. Filed EAD on DEC 10 2010 with TSC and still waiting. Contacted USCIS Customer Support and create Expedite Request last Friday. I was told that I will hear back in 5 days. Will post back if I hear anything.




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  • rvurady14
    02-11 01:40 PM
    My I 140 got approved in 2006. And my lawyer got approval notice. He also gave me copy of it. I just registered my I 140 case number on USCIS site. I was stunned to find out the status that
    Current Status: Notice Returned as Undeliverable.

    On September 19, 2006, the post office returned the notice we last sent you on this case I140 IMMIGRANT PETITION FOR ALIEN WORKER as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

    I immediately contacted my lawyer. He said that Since He have original approved copy of I140 , I should not worry about it.

    I tried even contacting IO. But IO told me that regarding I140 only employer or attorney can call to discuss further. She didn't give me any answers.

    Gurus what you think?




    Sagar,

    I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.

    Did you use AC21 or still with the same Employer?

    I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.




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  • freedom4ever
    04-20 07:12 AM
    I filed on March 10 2011 at texas service center, check was cashed on 3/15. Hope that helps.




    krishmunn
    09-30 11:58 AM
    Unfortunately NO. you cannot declare anything while leaving India.


    Not correct. You can declare your stuff , including Jewellery, right after immigration check at customs counter when leaving India. I did it once for my laptop long back.

    Also, carry your Indian receipts.




    dealsnet
    10-20 06:03 PM
    You will not any answer for illegal matters.
    What you did is illegal. Any H1B person can know H4 cannot work.
    It is not the matter of ignorance.
    Please see a lawyer.

    Still looking for a knowledgeable response specifically to the questions asked.



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