Thursday, June 16, 2011

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  • chanduv23
    06-28 03:45 PM
    Merge this into the rumor thread please




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  • desidas
    01-23 08:28 PM
    Ramba,

    Please advise

    I dont work for my GC Sponsoring employer anymore and I dont have H1B either

    Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?

    I changed jobs using AC-21 and working on EAD now and H1B not valid anymore




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  • knowDOL
    05-19 10:26 AM
    One more thing, never disclose anything with company's attorney, they will be loyal to your employer and not you. Look for soem other attorney.




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  • DDash
    08-30 01:07 AM
    Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.

    If the other party came to know that the conversation was recorded, they can counter sue.

    Here is a link for laws surrounding this in each states.

    http://www.rcfp.org/taping/



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  • slowwin
    06-11 08:36 AM
    Hi,

    vis-a-vis immigration, the burden of proof is on us not on the USCIS, reputed attorney like murthy always suggest to keep copies of I-94s at each stage to show proof of maintenance of status.

    Try to collate as much info as possible. Since you have such a long history (H1-B etc) at each step of extension or transfer you must have submitted copies of original H1 documents valid at that time and also passport copies too, go back to those attorney/(s) and request copies form their files. As far as I-20's are concerned you need to talk to your school to get copies.

    Thanks,
    slowwin

    -------------------------------------------------------------------------------------------------------------------

    DISCLAIMER: This not a legal advise. Please consult your attorney.




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  • Appu
    04-17 04:35 PM
    Not sure if this is for us legal immigrants or against us. It says "hardworking americans". We are not americans yet. It could well mean that join the fight AGAINST H1Bs..

    The illegals aren't Americans either and the email from Kennedy's staff basically talks about how well-received his Apr 10th speech in DC was and how the senator intends to fight to push immigration reform through the congress.

    A lot of people signing up will give the staff the right impetus.



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  • GCBy3000
    09-20 08:52 AM
    This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.

    YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.




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  • pappu
    07-18 02:14 PM
    =======================

    Message from IV
    IV does not recommend any such actions.

    We are aware of the issue and if there is any acion item, we will post it.

    also be aware of what we posted earlier on this issue:
    http://immigrationvoice.org/forum/showthread.php?t=6084
    http://immigrationvoice.org/forum/showthread.php?p=100024#post100024
    =========================



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  • ivgclive
    03-29 07:36 PM
    I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported

    Dude, you are already in your home country. Why do you still need your passport back from US? Do you still want the same passport to travel back to US.

    Check with the pilot of the plane, may be they handed over the passport to him.




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  • seahawks
    06-26 09:07 PM
    Thank you, since it was something where the form was wrong, I have asked my attorney to respond, will post what he suggests, I just feel terrible that the onus is on us for not checking that USCIS. After all these years of wait, how can I over look this?



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  • paskal
    12-26 05:04 PM
    please feel free to join in
    those from other states asking this question: you are very welcome

    Dial-In #: 1-218-486-1300
    Bridge: 405416
    9pm cst




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  • raysaikat
    04-23 03:28 PM
    Hello thanks for the reply.
    By applying for a petition did you mean:
    - give the job advertisement in a newsletter,
    - get the LCA
    - then apply for a petition - I-129
    >> what is the time frame for this petition application?
    - apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
    >> i'll be still working with my J2 EAD, during waiver comes.
    - once the waiver comes, then what is the procedure?\

    Thanks again!

    Your company needs to hire an immigration lawyer for doing the H1-B petition and you need to talk to that person. The forums are not a substitute for lawyers; for one, you may not get the response/information/answer that fits your specific situation. Forums are for getting a good overview --- general knowledge, so to say --- so that you know what is happening --- and you already have more than enough general information.



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  • SAPGURU
    07-13 09:04 PM
    I was searching on internet and this is what i found on Murthy.com.
    --------------------------------------------------------------------------

    Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.

    The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
    --------------------------------------------------------------------------

    Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.




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  • ExoVoid
    06-13 05:21 AM
    CONFUSED: what is up with those percentages, my count is just a bit above 100...
    I get approx 600%



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  • Soul
    05-27 09:10 AM
    Thanks :thumb:

    I'm not sure if I should be happy getting votes about bad design! lol! :P How ironic

    - Soul :s:




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  • krishnam70
    03-13 05:23 PM
    but i asked this question to find the legality of this issue before reporting someone to the USCIS that i know is doing this.I just used I instead of someone in my thread to start the discussion.

    Who do i complain to in this case?

    Vow quite a turnaround. First you say its you who want to do it and when you get the heat you claim otherwise.

    Either way this is pure 'FRAUD' . If you are the person who is doing it USCIS will have ways to track it and it will come back during your Naturalization or at any time when u enter the country. If you are just trying to report this to authorities you can do so at your state DOL or write a letter to USCIS with details if you have it.

    - cheers
    kris



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  • go_gc_way
    06-01 04:28 PM
    Thanks Admin for looking in to the question.

    When I voted, It looked like to me that poll is started by IV, but not.

    Though I like the idea of Quickness of a separate bill .. I appreciate how many steps / time / lobbying that would be required for such a step , after having followed the Forum for a long time.

    I think , my self , I am not very sticky to such an idea.




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  • chanduv23
    06-29 09:34 PM
    I guess the cases that are pre-adjucated are called for interview.

    Well "interview" without PD becoming current is a part of "preadjudication" process. Thats why you see those denials, RFEs and interview notices.

    Typically once preadjudication is done - it means the next thing is "wait for visa number". Once visa number is available a final review is done by a officer.

    In other words "preadjudicated" means "approvable"




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  • kk_kk
    05-19 11:50 AM
    You just have to justify by saying, you have been in US on H1B visa and you came back after you have completed your project. Aftre that it is upto consulate.




    mhathi
    07-20 09:15 AM
    I searched for IV on orkut and got three communities back, one with 2 members and two empty.. which one are we joining?




    pt326bc
    09-23 09:19 AM
    Man why you need reciepts?

    For most purposes of contact with USCIS you don't need the original receipts.
    The only exception is the time when you travel if your AP is pending. You would need to have a valid visa stamp (H1/H4/L1 or whatever) and the ORIGINAL receipt notice.
    As far as the lawyer saying that the original receipt notice being property of the employer; that would only happen if the lawyer is on the payroll of your employer and the employer is paying for the whole process.

    If you have an independent lawyer and you are paying him, the AOS/EAD/AP notices are your property (if you can use that term).

    I think legally the employer might refuse to give you the original notice for H1B or LCA or maybe I 140 but you can always get them using FIFO.

    Of course you would have to insist on the original H1B notice if you are going for visa stamping though.

    Again this is not legal advice, just my 2 cents as I am not a lawyer.

    Regards.



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