Wednesday, June 8, 2011

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  • roseball
    02-20 09:04 AM
    I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.

    One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.

    Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.

    Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.

    Was your son's H4 status valid when you filed his I-485? If so, even though his H4 is not valid now, he will automatically be in legal status based on his pending I-485. So no need to go for stamping. However, if his H4 was not valid when you filed his I-485, then there is a risk of his I-485 getting denied. In which case, getting a H4 visa stamp and re-entering would clear his out-of-status issue. One more thing, when you applied for dependent H4s after realizing the mistake, were the approvals with attached I-94? If not, your son won't be in H4 status until he goes out of the country and re-enters after getting a H4 VISA stamp.




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  • mchundi
    02-16 05:04 PM
    I did some research on murthy.com and found that AC21 did abolish 'per country of birth quota' on recycled numbers. I am posting a link to this murthy.com article of Oct 6, 2000 which clarifies the issue.

    http://www.murthy.com/news/UDh1det.html

    If the link fails I am reporducing the paragraph here: -

    Major highlights of ACTA are listed below :

    Per Country Quotas for Immigrant Visas

    "Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."

    Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.
    Good work jungalee32,
    It is also part of our resource data base that sandeep compiled, where all these issues are clearly explained. That is why once we have the unused numbers it is like increasing the per country quota. It will bring the priority date to current for a couple of years(even if there are more cases than unused numbers with them. Just because they cannot process that faster)
    --MC




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  • krishgreen
    05-25 11:30 PM
    Thanks for sharing your experience.I have appt on Thursday May 27th. I am carrying all the documents with me including the letter from my project manager.

    Also, did VO asked any specific questions about employee & employer relationship if you are working for a small consulting firm.

    When you say VO asked about Employment verification letter, does he mean letter from the client or letter from your employer confirming your employment and salary details?

    Chicagobuddy: I will share my experience once I attend interview on May 27th.




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  • mundada
    07-12 09:50 AM
    This definitely is related to CIR!



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  • GCnew
    03-17 12:45 PM
    No. I sent my application in June. It was received on June 19th.

    Its good to be optmisitic but one thing I have learnt after waiting for so long for my green card is that this process is so screwed up that you can never expected anything that would follow a common sense of logic.




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  • sledge_hammer
    02-07 01:08 PM
    EB2 India - Please take this poll(login required)



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  • nkd970
    10-06 09:56 PM
    Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?

    What the &*^% is going on? !!@$%ing DOL.

    :mad:

    Mine was filed by Fragomen in June and responded to audit in November as well. If your case was filed by Fragomen you have no option but the wait. Sorry to disappoint you, but I am in exactly the same situation.




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  • jthomas
    05-17 08:36 PM
    Welcome to IV, since this is your first post.

    1. when is your PD?
    If your PD is nov 2008, it would take a long time (many many years) to get your GC.

    I am not able to understand anything from your post. If you have a H1b you need to work in US and not in India. You can travel with H1 visa don't need B1 visa. Your W2 has 38K that means its less than the prevailing wage. You have a problem there?

    If you are in US, Please be active in this website as well as find your state chapter. You can get helped from your state chapter collegues too. By the way, from where are you residing(which state i mean)?

    (your questions does not look normal)

    J thomas


    Hi Folks
    1 ) I just read that EB2 has retrogressed to 2000.Now IF I ALREADY FOR 140 APPROVED AND IF I GOT EAD ALREADY does that Labor filing priority date apply to GC too ?
    2) I got EAD and I am waiting for my GC.My 140 Is also approved .
    I filed under EB2 and I got AP and EAD Card Nov 2008. Since then I am getting all paystubs ( from Aug 08) from the sponsoring employer. I left this employer in 2006 and joined him back in Jan 2008.
    I believe I applied via NE Processing Center.
    How long before I get my GC.

    3) From Nov 2006 to Jan 08 working in India and come to US on B1 and returned back to India. Jan 08 continued with same employer.Would this cause problems with my GC.
    What about the FBI name check thing - is that going to cause delays
    4) BY W2 SALARY IN 2008 IS ONLY SOME 38K AS , I WORKED AUG 08 ONWARDS ONLY. BUT JAN 09 ONWARDS I AM ON PROJECT GETTING FULL SALARY.
    CAN U PLEASE LET ME KNOW IF THIS TOO WILL FACTOR MY GC .

    MANY MANY MANY THANKS.
    DHANYAVAAD
    Please somone reply
    Thanks
    Sam



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  • moonlight
    06-20 12:54 PM
    Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.




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  • chantu
    09-27 11:47 AM
    I don't think day trading affects your H1B. It will be shown under capital gain/loss on your tax return. We can have CDs then why not profit through stocks.

    But still, I am not an expert! Please consult proper person.



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  • laksmi
    03-06 01:02 PM
    EAD correction is very simple and they will fix with in 4 months worse case.




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  • vikramaditya
    05-01 09:36 AM
    I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
    Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
    it took a day for me to overcome the frustration of what had happened .
    and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
    2.is there any thing i can do to reopen my old case .



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  • chi_shark
    09-09 04:30 PM
    :eek:

    What the h### am i getting the red dots for anyway? it looks kinda cool!




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  • Berkeleybee
    02-14 01:21 PM
    Thanks for that Iptel.

    Will include it in our lawmaker materials list right away and incorporate it into our presentation as soon as I can.

    best,
    Berkeleybee



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  • paskal
    08-16 08:40 PM
    hello WA members,

    we need to get this chapter up and running again.
    anyone still coordinating efforts?
    anyone interested in getting things going again?




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  • eb3retro
    02-24 03:49 PM
    To whom it may concern, please, help us. Everything we ever learned from the U.S. about truth and justice is suddenly being deprived of any meaning by the U.S. itself. The hardest part for us is believing that everything we�ve based our lives on � the American way, has no merit.

    I was deported from the United States of America on February 18, 2005. I lived there nearly 30 years since I was 20 months old, when my mother crossed the Rio Grande into the country with me illegally. I was given an opportunity to become legal under the NACARA law but was to afraid of being deported like Maricela Soza was under the same law and didn�t go through with the entire process. I have both a husband and a son who are U.S. citizens but I am permanently prohibited by Immigration law from immigrating to the United States, while at the same time I am allowed to visit. Due to my drug convictions amounting to possession of more than one count of 30 grams of marijuana. It�s Immigration law�s contradicting policies which I find disturbing.

    U.S. Immigration is concerned with their citizens� welfare but it is denying my husband�s and my son�s requests to have me back by their side for good. Although Immigration law will value my wish to receive admission into the United States. Needless to say I prefer returning, immigrating and remaining in the country by my family�s side. That�s not taking into account the fact that I am still homesick and continue experiencing culture shock in Nicaragua. What the Department of Homeland Security is doing to my family and I is cruel, inhumane and unpatriotic. No free country�s government has any business deciding how families should be formed or whose personal choice is agreeable or not. Like that of my son�s and husband�s choice to overlook my shortcomings and begin our lives over together again.

    The 212(d)(3) Waiver allows a visitor�s visa into the U.S. to be issued to an Alien like me if I show evidence of rehabilitation such as becoming a practicing professional with a U.S. job offer. Sometimes with lone proof of a bank savings account, school registration and satisfactory travel record. On the other hand there isn�t one waiver available for United States Citizens who wish to rebuild their lives with an Alien deported for any drug charge(s) of possession of more than one count of 30 grams of marijuana. Not only are Andrew�s(my son) and Thomas�(my husband) needs being ignored but my needs are being placed before their own. An act I dare name TREASON.

    How much more is the United States citizens� welfare secured if an Alien with an undesirable drug history enters the United States merely to visit and not to immigrate? Shouldn�t all United States citizens� needs and rights within and from their country � such as my husband�s and my son�s, come before any Alien�s need or right to receive admission into the U.S., including my own? Also, shouldn�t Family-Based Immigration take first place over �Alien travel� for any reason?

    I regret to say it�s these types of injustices with devastating consequences to the recipient�s and his/her immediate relatives� personal lives remaining raveled, much more unacknowledged that play a large role in the cause for conflict concerning disloyalty and unpopularity among U.S. citizens and foreign nationals inside and outside of the United States. I trust that once this oversight is brought to DHS�s attention they will not knowingly continue punishing my husband and my son for loving me, an Alien who once stumbled while attempting to survive in the U.S.. I�m afraid to imagine how many individuals involved in cases like my family�s and mine go on thinking that the U.S. is a bad country for having the audacity to pass judgment on them. I�ve had to believe there�s a glitch somewhere in immigration law caused by simple human error. I can�t accept that the U.S. I grew to know as a loving, Christian country with caring values is intentionally causing my loved ones and I grief. It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed. I know the United States of America will do right by my son, my husband, me, and the rest of its citizens and foreign nationals in our predicament.

    We want the 212(d)(3) Non-Immigrant Visas Waiver made into an Immigrant Visas Waiver for Immediate Relatives of U.S. Citizens to make sure United States citizens receive competent protection from the Department of Homeland Security and adequate protection from the United States of America. I believe a Waiver should be available to me for my deportation charge including possession of more than one count of 30 grams of marijuana so my husband and son can claim me and I can immigrate to the U.S.. But immigration law only makes such a Waiver available to Foreign Nationals who wish to travel to the U.S.(and who also have the same charge as me: deportation including possession of more than one count of 30 grams of marijuana). My husband�s and my son�s Freedom Of Belief civil liberty is being violated because their belief is being discriminated against. I am not able to immigrate to the U.S. because immigration law doesn�t allow me a Waiver enabling my husband or son to claim me successfully. If I had a Waiver available to me they wouldn�t have to be at this crossroads making their case public in the courts, therefore their Right To Privacy is also being violated as a result of their belief being discriminated against. Please, help bring justice to these afflicted, we need your input. How should we proceed?

    crap..who are you.???



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  • cool_guy_onnet1
    06-01 01:56 PM
    If we can generate decent noise on 7K "active" members, 50K with "Don't touch my cheese mentality" can create a whole lot! Lets not kick the wall and try to find the door!

    i dont get it...how come programmers guild gets a say in everything when they cant even get members to join or to even get people to be on their board of directors?

    i have not seen one resume of an american tech worker that lists programmers guild as an association they belong to. Still.. how to they get solicited for opinions every day and Kim Berry keeps using strong rheotric to influence public opinion? What about his war on legal immigrants?

    "Board Members
    Kim Berry (Sacramento, CA)
    Valerie Chau (San Diego, CA)
    John Miano (New Jersey)
    Mark Powell (Westminster, CA)
    (three openings)
    Officers
    President: Mr. Kim Berry (Sacramento, CA)
    Secretary: (open)
    Treasurer: John Miano (New Jersey)
    Membership Chairman: Valerie Chau (San Diego, CA)
    V.P. Governmental Relations: Mark Powell (Westminster, CA)
    Newsletter Editor: Open
    Newsletter Coeditor: Open
    V.P. Public Relations: Open
    V.P. Advertising: Open
    Press Releases: Open
    Assistant webmaster: Open
    (If you would like to contribute to our cause in another way, please contact us.)

    The Programmers Guild is incorporated "




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  • skdskd
    09-27 09:52 AM
    I have approved I140 notice ... i dont see A# can you pls help me find that number in approval notice (797)

    As per my Immigration attorney, USCIS some times assigns A# at the time of I-140 approval and some times NOT.

    So I won't worry about it if it is not on I-140




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  • gconmymind
    09-29 03:35 PM
    I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.

    Hope there are a few more approvals today and tomorrow before dates retrogress...




    Marphad
    12-03 04:30 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!

    I think you should not take this risk. Once you leave the country without AP, the application is considered as revoked as per my reading somewhere. I am trying to find link.




    inskrish
    08-02 12:37 AM
    Here is my prediction.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.


    Do you think by Sep.17th receipting would have been completed? :-)
    Regards,
    IK



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