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  • krishnam70
    11-20 03:48 PM
    Hi all,
    Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
    But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.

    My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.


    Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.

    -good luck
    kris




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  • akred
    03-26 07:52 PM
    Yes. But as my wife found out, a lot of employers (small business) are willing to pay off the books or in kind (like free private school tuition).




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  • chennai
    07-11 05:05 PM
    I would suggest you push your application for premium processing for I-140 so that it would be approved in 30 days time now. Because you are in the 6th year of H1 you can do it. So in 30 days if you have 140 approved then you would know whether your priorty date is recaptured then go for I485 before 08-08-08 Sep bulletin date?




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  • manja
    04-21 09:48 AM
    Friends,
    I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.

    Thanks,
    nmdial

    Welcome to H city! SugarLand and Katy have very good neighborhoods with lots of desis. A lot depends upon where your office located. Cost of living is in Houston is low compared to LA, NY. Homes are "affordable". But property taxes are high (average is above 3%). Food, gas and misc. services are cheap. Insurance and utility costs are high though. Let me know if you have any specific questions.



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  • kicca
    01-25 06:43 PM
    ^^




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  • FinalGC
    02-03 05:16 PM
    The AC21 requires you to have the new employer sign the AC21. What if the employer refuses to sign..??


    Also does anyone have the exact wording they sent to USCIS with the AC21 letter



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  • ineedhelp
    07-17 07:10 PM
    Hello Sir/Madam,

    I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.

    A brief info about me :

    1. I'm basically an employee of Wipro, India deputed in US on H1B.
    2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.

    My current issue :

    1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
    2. I Can give only 3 weeks of notice.

    Advice needed :

    1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
    2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?

    Your suggestions will do a world of good to me. Thank you in advance.

    Regards,
    Ineedhelp




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  • ajay
    07-25 08:18 PM
    Folks,

    What is the best and most cost effective way to send some money home ?

    Till last year I was using the service from icici and was under the belief that the exchange rate was pretty decent. the service I believe was never free as they make up for service fee though the exchange rate.

    Today for example when I check on icici it says they will give a rate of 47.63 per $ which I believe means around half a rupee less per $ ?
    so for $1000 they are essentially charging Rs 500 (aound $10)

    I beleive previously they were giving around 25 paise less per $ and now it looks like it is 50 paise less per dollor ?

    Western union charges $15 and also gives a lower exchange rate than icici.

    So would that mean ICICI isthe best cost effective one ?


    Ideas ?



    Thanks,
    Try SBI service: SBI Global Link Services - US (http://www.onlinesbi.com/glsus/#)



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  • jkays94
    05-04 02:17 PM
    Here are the relevant parts of the transcript (http://transcripts.cnn.com/TRANSCRIPTS/0605/03/acd.01.html) :

    COOPER: Rising gas prices aren't the only thing causing heartburn this election year. Immigration reform is close behind. The battle at the border has spread into the heartland and across the country. Some politicians already paying the price. Ahead, we'll get a reality check from the best political team around.

    Plus, a brazen break in the border. They've actually poured concrete here and they've formed steps which makes it easier for whoever was bringing drugs into the United States, actually climb up through the tunnel.

    Tunnel built by drug runners. We showed it to you back in January. Now there's a new development in the story. What's going to happen to the tunnel? We'll bring you the latest next on 360.

    (COMMERCIAL BREAK)

    COOPER: Those pictures, of course, from Monday's massive immigration demonstrations. Hundreds of thousands of illegal immigrants and their supporters in the streets. They wanted to show their economic power. They hoped that would translate into political power. But now some critics are saying it's actually had the opposite effect, creating a backlash. And in at least one city so far the issue has already cost a Mayor his job. Here's CNN's Candy Crowley.

    (BEGIN VIDEOTAPE)

    CANDY CROWLEY, SENIOR POLITICAL CORRESPONDENT: This is where day laborers, mostly immigrants, legal and not, hang out looking for work in Herndon, Virginia. It may not look like an election issue, but last night, voters threw out their mayor and two city council members who pushed for the day labor center. This is the new mayor.

    STEVE DEBENEDITTIS, HERNDON VIRGINIA MAYOR-ELECT: Welcome immigrants, but they have concerns, valid concerns, about illegal immigration.

    CROWLEY: Fewer than 3,000 people voted in Herndon. Just about 24 hours after the nation watched hundreds of thousands of immigrants, legal and not, demonstrate across the country.

    FRANK SHARRY, EXEC. DIR., NATIONAL IMMIGRATION FORUM: I've never known a politician who wasn't attracted to a large crowd. And these have been some pretty large crowds.

    CROWLEY: True enough, it was evidence that the immigrant community can galvanize itself. The question is, to what end? Congress is reading the tea leaves.

    SEN. HARRY REID, (D) MINORITY LEADER: I personally believe very, very fervently that they have helped, helped picture this issue in the minds of the American people in a positive fashion.

    CROWLEY: Tea leaf reading is not an exact science, particularly in an election year where frankly democrats would be better off if the republican-led congress did nothing.

    SHARRY: I think the congress is going to have a lot of explaining to do if they don't end this session with a good comprehensive bill.

    CROWLEY: Republicans desperate for something to tout as accomplishment, anxious not to alienate core conservative voters, are afraid the demonstrations harden conservative opposition to anything that smacks of a break for illegals. SEN. MEL MARTINEZ, (R) FLORIDA: I believe at the end of the day we'll see that it really had a negative effect and it backfired on those of us who are trying to move forward something that is comprehensive but yet in middle course.

    CROWLEY: Senator Mel Martinez of Florida says since Monday's demonstrations calls to his office have run 10 to 1 against his bill providing tougher border security and a pathway to citizenship after hurdles are jumped.

    JOHN FUNU, WALL STREET JOURNAL: The boycott has so heated up the measure that we're not going to have any bill this year. It's simply poisoned the well.

    CROWLEY: As Washington lawmakers struggle with the political weight of all those demonstrations --

    SEN. JOHN CORNYN, (R) TEXAS: It wasn't clear exactly what the message was. And I think in some ways it tended to polarize people.

    CROWLEY: Herndon, Virginia, is already discussing changes to ensure the day labor center cannot be used by illegals. The problem with tea leaves is, you never know which ones to read. Candy Crowley, CNN, Washington.

    (END VIDEOTAPE)

    COOPER: Well, earlier I spoke with Candy Crowley along with John Roberts and John King, part of the best political team on television.

    (BEGIN VIDEOTAPE)

    COOPER: John Roberts, what are the prospects for getting immigration reform this year?

    JOHN ROBERTS, SR. NATIONAL CORRESPONDENT: That would depend on who you talk to. Some republicans who want to put a good spin on this say that it's possible that they can get it done. It might even be possible that they could get it done by the August recess. Other people including the White House are much more pessimistic about it saying they don't expect anything to happen until after the November election.

    COOPER: Candy, I mean could these demonstrations really have backfired and derailed a compromised deal, even among those who support some sort of reform?

    CROWLEY: Absolutely. I mean, the problem really is, first of all, the politics are that the democrats would rather have the issue at this point because it's an election year than a bill. The republicans would like a bill because it will be an accomplishment, but they have problems with their conservative core. And the people we talked to said listen, the demonstrations backfired. It left -- people looked and said well they're not working, and they're out demonstrating. You know, fair or not, the conservative core sort of toughened up. It seemed to have hardened both sides of this debate. COOPER: John King, a lot of talk, too about all the Mexican flags out in the street. Obviously there were a lot of American flags where organizers really tried to get American flags out there. But that certainly angers a lot of people. What are you hearing from the people you talked to in Washington?

    JOHN KING, CHIEF NATIONAL CORRESPONDENT: Well, that tactic, as Candy just noted, there is a backfiring from these demonstrations. And that tactic in particular has emboldened conservatives. Remember the key question here is, if they can get a bill through the senate, can they then get the house to embrace a more liberal immigration policy? The house members, most are from safe conservative districts. And back home in their districts they didn't feel all that much pressure to begin with. And what they are saying now is that this sends an anti-American signal.
    If these people want legal status in the United States, they should be holding American flags, they should be demonstrating for rights in the United States not celebrating Mexico or El Salvador. So to that degree, while the masses in the streets certainly showed the emerging political power and potential political power of the Latino vote, that symbol has helped the opponents of this measure especially in the house. It has simply stiffened the resolve of conservatives who say no to any new broad immigration reform.




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  • ak_manu
    04-09 03:27 PM
    Hi,

    My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
    that time frame I would have already applied for my EAD renewal.

    Can I transfer to Company B during this renewal process?

    Thanks
    AK



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  • mhtanim
    02-02 02:59 AM
    She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
    Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
    She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
    Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.

    I second this. Unlike H-1B or H4 which are dual intent, F1 is not. After filing I-485, entering in the U.S. as F1 may cause complexities. I would suggest that you talk to a good immigration attorney.




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  • prioritydate
    09-21 11:27 PM
    What if the employer showed XXX amount on the Labor Certification, and in the offer letter, but send an offer letter to the employee for YYY, where YYY < XXX? Does the employee is still obliged to for with the employer?



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  • eastindia
    08-20 12:06 PM
    Ron says, The USCIS teleconference concerning implementation of PL 111-230 provided the following information:

    * The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
    * The new tax only applies to companies that have:
    o 50 or more full and part time employees in the US; and
    o At least 50% of those employees hold H1B or L status.
    * If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
    * The new tax only applies to new H filings (including change of employer filings)
    * The new tax DOES NOT apply to extensions or amendments
    * The total new tax is $2,000, not the higher amount originally feared
    * The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
    * Both full and part time employees count toward the 50 employee threshold
    * Any L2 employees, working using an EAD, also count toward the total
    * The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
    * The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
    * DO NOT send checks to the CIS for the additional fee until you receive an RFE.
    * New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
    * Best practice, use a separate check for the new fee.




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  • 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 ????



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  • jambapamba
    07-19 07:48 AM
    NO

    1. W2's/TAX statements are NOT REQUIRED for employment based 485's. Some Attorneys may send them along to play it safe.

    2. Affidavits of support for employment based 485's are NOT REQUIRED at all.




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  • howzatt
    11-14 01:17 PM
    My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.

    The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.

    I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.

    Any inputs from people with similar experience?



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  • digmetalq
    04-23 03:04 AM
    The damage is already done, so now why would they care about any immigration laws, legal or illegal, I pray everyday, for that one day all the xenophobics jumping the fence, because the way I see it no ILLEGAL drugs will be available unles you live in Detroit , the supply and demand will cause them to start a new visa program, which the xenophobics will support overwhelmingly.




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  • coopheal
    06-17 11:45 AM
    Please add a to link to this on home page.

    Just a quick update:

    All 3 Lofgren bills will be marked up next week in the subcommittee.

    IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.




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  • cableching
    05-21 12:33 AM
    The example he has given is a special case. The guy needs H1, because his son was out of status. Something is missing in the case. The child came to US 10 years back on B2 and stayed on B2 forever without extending or changing the status???

    We need H1 only when we are not married or we have not filed I-485 for the dependants.




    saketkapur
    10-14 06:05 PM
    I thought AP must ONLY be used for emergency travel purposes, not for vacations, brother's marriage etc. Some IV members shared their experiences at the POE, the IO may ask why you left US, what was the emergency? Please correct me if I am wrong. Can AP be used for casual travel also? Thanks.

    Not a lawyer. This is not a legal advice.

    I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......

    My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.




    gcadream
    02-24 02:52 PM
    Hi myeb2gc ,

    You added lot of hope in this H1 extn process but for how long did you got ur H1 extn ?



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