Tuesday, June 14, 2011

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  • rsdang
    08-29 11:46 AM
    You have to use I-824 if you change the consulate, if it is a consular case. If your I-94 is extended within america, there is no need. However because of PIMS, it is better to initiate a I-824 and get confirmation before proceeding for stamping. It is better to check your lawyer to get the right legal advise.

    Guys,

    I had applied for my original H1 in London, First extension in Vienna Austria, and the last one in Delhi... and when i went to Delhi Embassy site - Since I was an H1-b holder already working in USA I had the option to apply at any consular office in India... I chose Delhi and will do it again in Dec at Delhi...

    In short - unless is consular processing you can choose any consulate/embassy you want provided you have a reason to be there in that country... I think Mexico and Canada are exceptions to that rule as well...

    Hope this helps





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  • boreal
    08-24 06:08 PM
    #2 sorry about the tone. It was actually a copy paste from my email to a paid attorney.

    Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
    Please dont do this to all ppl waiting in the line.
    Yeah, even if you go ahead and do it, very small chance that this would be approved because of the tougher regulations these days...





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  • tampacoolie
    07-26 08:47 PM
    I was asked by my lawyer to prepare this document in a tabular format. The document is to list my entry and exit dates, I797 numbers and I-94 numbers in a chronological order. He also suggested to decode the entry and exit stamps in my passport and take a copy of all these evidences and placed in chronolgical order. I dont know what the purpose here, I had all documents in scanned PDF and it was easy for me come up with document with right dates.

    Date of entry
    or Extension Approval | Status | I94 Validity date I-94# Exit Date

    XX/XX/XXXX | H1B | XX/XX/XXXX XXX XX/XX/XXXX.





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  • s416504
    02-03 09:34 AM
    I think Your 1 year extention (instead of 3 year) could be cause of two diffrent A# numbers on I140 & I485.
    I checked I have same A# numbers on I140 approvals & 485 receipts for both EB1(which already denied) & EB3 petitions.
    I think It is neccessary to pass on/correct same A# numbers on I140 & I485 petitions (from same set) to avoid this kind of problems.

    I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?


    I-140 Reciept : No A Number
    I-140 Approvel Number 1
    I-485 Reciept : Number 2

    EAD/FP/AP : Number 2


    I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140

    Is this anything I need to be concerned about ? Appreciate your suggestions



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  • anai
    06-20 08:48 AM
    When I saw the title of the thread, I first thought Dan Quayle is posting on immigration voice.





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  • jonty_11
    12-13 11:05 AM
    How can a illegal obtain a paycheck without using a stolen SSN, so there is no way CIR can pass in its current state which allows for a guest worker program. This would mean that any illegal who has stolen a SSN would not be eligible for Guest Worker program - which would be over 90% of illegals.



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  • rheoretro
    09-13 05:22 PM
    my american colleagues do know about immigration problem.....they dont give a jack.........afterall they dont even socialize much with co-workers....i am here in alabama.......i dont know how it is in other places...

    I can't help you because of your situation. Much better in other places.





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  • Blog Feeds
    11-19 03:01 AM
    Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


    Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.

    For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.

    Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.

    In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.

    According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.

    Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.

    Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?

    Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.

    Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.

    All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?

    And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.

    Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com


    More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)



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  • pbojja
    06-25 02:14 PM
    I was in the same situation and visited canada and requested new I94 and got it , I m on H1B and this is in March 2008
    AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).

    AVR is used, when travel is less than 30 days, Visa is invalid and I94 is valid.

    As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.

    Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


    You have valid Visa.

    #1. You go to India and when you come back, you get new I94.

    #2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.

    #3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?





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  • akhilmahajan
    04-13 01:35 PM
    AFAIK, for summer the courses can be part time. This was the case back in 2001 when i went for my masters.

    Please check this with the school and your wife can take one evening class and be enrolled for atleast 3-4 months and move on to the F-1 Visa. Community college will be a good place to start, as she will not be spending a lot of money also.

    I hope this helps. All the best.

    GO I/WE GO. TOGETHER WE CAN.



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  • rkdownload
    08-17 12:28 AM
    Marriege Certificate

    We got a rejection notice for my wife's 485 & 765 application. The notice said

    ============
    "Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
    The following documents may be provided:
    Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
    Your original Form I-360 if you are filing concurrently; or
    A copy of your Form I-797 if the petition has already beed filed/approved; or
    Other evidence that an immigration visa petition has been filed/approved on your behalf.
    ==============

    My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
    We have included following documentation in the package

    1) Forms 485 ,765 , G 325 A
    2) passport copy
    3) Birth certificate and affidavits
    4) My 485 receipt notice
    5) My I 140 approval
    6) Letter from the employer saying that i am still employed with them
    7) Pay stubs

    Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.





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  • gcformeornot
    01-22 03:17 PM
    had loan with IDBI with no penalty if self paid. If you transfer to another financial institue then they charge 2%.



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  • smaram1
    08-12 04:19 PM
    Source:

    http://www..com/discussion-forums/i485-1/172162219/

    Posted by willcrack (74) 1 hour 51 minutes ago

    OK...now guys, strictly speaking the memo does not say anything about "conditional" GC...in legal speak. Just that they could revoke it if the person is considered inadmissable after the Name Check results come back. "Conditional GC" per se has the support of the actual statute only for Married to citizen, EB5 investment GC's etc.

    And now for those who feel that USCIS is not approving cases whose NC's are pending, I know 2 of my friends and I whose NC's were pending when the file was with the officer (and approved in a week) and in my case NC was pending even at 6:30pm eastern (when I called the second level IIO at the NCSC) the day before I got the CPO e-mail (next day at 9am).

    I have also seen several cases where people have called/went to Infopass after they got the GC to find out whether the NC was cleared....and it was pending !

    so this should throw away all apprehensions about the 180+ rule not being implemented out of the window...





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  • insbaby
    12-12 05:18 PM
    Guys, I guess almost everybody is done with their finger printing by now. I am wondering what is the status of everybody's I-485 application on the case-status-online website after finger printing? Mine is showing some weird status, so I thought I better check with others.


    USCIS will send an IO to your home within 48 hours. He will take pictures with your family, have lunch or dinner and issue the Green Card to every member of the family.



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  • mariner5555
    05-28 06:56 AM
    so can anyone confirm this 'no FP if filed via paper' thing?

    As for mailing address, I guess if I do courier the package they all have the same address (N. augustine rd). So in that case, I can send them all in the same packet.

    thanks.
    atleast thats what happened for me. i.e. mine was efiled and I got FP notice. for my wife - paper - no FP. we recd her card ..1 year validity. nothing for me so far ..I am hoping that the delay is because they want to give validity of 2 years :-D





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  • gcseeker2002
    04-07 06:16 PM
    How about using AP to enter if you have AP ? Is that also a problem for employees of TARP companies ?



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  • swethanjit
    07-08 09:49 PM
    Hello All,

    I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008?

    Please help. Your guidance is truly appreciated.

    Regards
    Swetha.





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  • willigetgc?
    09-24 10:21 AM
    my problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    Overall immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lt could have been done till now. We need to hear more action than just talk.

    hypocrisy at its best!





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  • 485Mbe4001
    04-20 01:04 AM
    gc_chahiye, if you want gc_chahiye then call and talk to your lawmaker. Last year only a handful of them knew about the problems related to skilled immigration. Today many more recognize our issues, but a lot more is needed.

    We cannot assume that all the lawmakers know what 'EB' or 'Retrogression' means, if you want a GC then take the first step of empowering yourself by calling your lawmaker and educating them about this mess. Try it, you will thank yourself.


    We all have powerful human interest stories, discussing them on forums will provide stress relief for a short time. Discussing it with people that matter will make a bigger difference.

    can someone tell me (PM if you dont want it on a pubic board) what went wrong with SKIL Bill last year? Where did it fail (senate/house?) did it just get dropped, or went up for vote and did not make it?

    Googling around, and am not able to find anything...





    ivar
    01-22 09:41 AM
    No one on this forum who is waiting for PERM Withdrawal or has his PERM withdrawan earlier?





    sanju
    07-19 11:31 PM
    Thanks for the response.

    My Priority Date is:

    March 16, 2001.

    What can you guys tell me?

    Thanks.

    So your application was applied in Employment Based Green Card category and your priority date is March 16, 2001. Your I-485 is pending since 2002.

    What is your current status? Were you ever out of status while your stay in US? Have you contacted your sponsoring employer or the lawyer who applied for you? I suggest you call and speak with your attorney first thing Monday morning. Did you pay full amount to this guy, I mean your attorney. If you did, too bad, its time to pay him another $2 million before he returns your phone call.

    Also, if I were you, on Monday morning I would call and speak with the lovely folks on other side of the 800 number we all love chatting with. They are soo sweet, isn't it.

    Many members on the forum seem to think that the priority date getting current means that its time to check the mailbox every evening to receive the GC. Guess not, I have known many folks who waited for 2-3 years even when their dates were current all that time.

    But in your case, there seems to be something too awkward as the status note says that your case has been transferred to DC. Are you a diplomat of another country? Just curious.



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