Sunday, June 12, 2011

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  • Funky_Monkey
    09-14 05:05 PM
    Talked to a lawyer, essentially everyone is right.

    On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.

    The clock for illegal stay starts when 140 is denied.

    This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.

    gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.





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  • girishvar
    08-15 12:14 PM
    Non-compete is based on a state law. Consult a Virginia employment attorney. Generally non-compete doesn't have teeth, because every one has got a right to work and practice your profession/make living.





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  • gcsim
    07-19 08:56 AM
    I did my address change last month and got soft update...my dates are also current.On friday I got a notice from USCIS for biometrics...don't know what triggered it..still waiting for the biometrics notice for my family.





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  • vxb2004
    04-28 08:23 PM
    have you talked to a lawyer. If i am not wrong you have also used AC-21. Do you think revocation/withdrawal of the H-1B, will affect 485 in any way.

    I spoke with my attorney today and she is going to investigate further on this case to find out what happened. She also mentioned that she has been an immigration attorney for over 30 years and half the time she has been working on USCIS generated blunders!!



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  • go_guy123
    10-02 02:06 PM
    Literally, windsor(Canada) and Detroit (USA) are seperated by river, so keeping GC and PR is like riding in two boats ... not possible. While Canadians are liberal in allowing their immigrants to travel daily into US to conduct their jobs ( that brings easy tax $$), it would be inconvienent to track daily movements out of country for GC. Remember at US citizenship, you will be asked to provide detailed log of trvels outside the country. So trip to Windsor is technically outside the country.

    I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.

    You did the right thing. I know a friend of mine who got their GC though they had Canada PR. They made it a point to officially surrender the PR.

    Because they wanted no mess-up with the GC. Keeping a Canada PR conflicts with the intent of living in US permanently (needed to maintain GC).

    Most people dont realize that GC is not the end of story. GC is yet another type of
    immigration status and one can lose that as well. In the post Sep11 round-up a lot of people have lost or went close to losing their GC when US govt did a massive crackdown on immigrants.





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  • shantak
    11-20 01:44 PM
    Wenn Sie ein Kaukasier sind, stehen Sie nicht heraus. Sie m�ssen eine Person der Farbe, aus einem Ausland sein, zu verstehen warum Leute Sprechen sind, was sie sind. Dieses gesagt, ist es aber nat�rlich, dass dieses Forum schwer in Richtung zu den Indern beeinflu�t wird, weil es von Indians gegr�ndet wurde. Mitglieder aus anderen L�ndern sind in diesem Forum aktiv und werden mit den ge�ffneten Armen begr��t. Tats�chlich regt IV Leute aller L�nder an vereinigt zu verbinden und zu stehen.

    Gru�

    Interesting, I found a website that would translate any language to English and here is the output

    "If you are a Caucasian, do not stick out. They must be to be understood a person of the color, from a foreign country, why people are a speech what they are. This said, however, it is natural that this forum is hard influenced in the direction of to the Indians because it was founded by Indians. Members from other lands are active in this forum and are greeted with the open arms. Really moves IV people of all lands in united to connect and to stand."



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  • bsbawa10
    08-15 10:20 AM
    Some nice to have changes ..
    -- Category should be dropdown
    -- Add chargebility (also dropdown)
    -- Center should be dropdown
    -- Status should dropdown

    Overall i like your idea and appricate you hard work to implement it.

    Excel features like drop down boxes or AutoFilters are not (yet?)
    supported in Google Docs spreadsheets.





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  • kshitijnt
    01-02 01:33 AM
    Last year my wife's case was put under 221(g) by Mumbai consulate. We abandoned the visa process and she entered using AP. Since then we have used AP twice and given up H1B visa as a first option.



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  • eagerr2i
    11-15 05:22 PM
    In California,

    www.edjoin.org

    You need to be a credentailed teacher to get a H1B in most cases. For credentialing, you either need a B Ed from India or complete the teacher credentailing program in US. For the credentailing program, you will need to get your degree evaulated, pass the CSET exam or Praxis in some cases and finish the university requirement.

    Pls PM me if you need more details.





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  • go_gc_way
    06-20 03:06 PM
    I think too that it may not become current.

    But with new year Quota released in Oct (October?), how much it will move forward?

    --> 2003 March ? or 2004 Jan?

    When Retrogression introduced last year, for India the PD if I remember correctly was in 99 which now has moved to 2003 Jan, this I think because of addition of unused numbers?

    Why would it not move an year by October this time , yes gravity of the situation .. please explain more clearly with numbers.

    Thanks in advance for looking in to my request.



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  • milind70
    11-13 08:58 PM
    Hi Guys,

    My previous employer has withheld my salary without any reaon..even though i gave app notice, abided with policies and had no bond or anything.

    He is not paying my final paycheck since quite a few months and when i call earlier he used to say he will pay but now started like dont call me i will give when i have time......

    If i complain to DOL wether i have to fill WH4 or state DOL wahe and Hour form...and would this processs has any effect on GC processing when i start or any repuircussions...as for proof of non payment of salary i have all timesshetss, refernce letters and His mails also

    Please Sugest

    I do not believe that this complaint will have any effect on your GC processing.Neither positive nor negative.





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  • Jaime
    09-12 02:20 PM
    Real Life :

    A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
    He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
    Both husband and wife are well on thier way to permanent residency in UK.

    Doubly bad for the United States!!!



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  • jasmin45
    07-12 08:46 PM
    Lets discuss this after we deal with July Feasco. no offence to you as you are free to keep moving this post of yours... its just my oppinion and of most in this thread as well.. One issue at a time!





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  • Sakthisagar
    11-17 10:09 AM
    it means playing politics... just showing the grass infront of the Cows .. saying something lipservice to satisfy the audience... KULFI is kind of Pot icecream ( I do not know pot icecream is the exact translation!)

    Hope this helps



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  • vin13
    04-08 12:36 PM
    Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?



    Don't you think the person going on a cruise should make an effort to check this out with the cruiseline?

    Many of you have probably been to niagara falls and been on the boat that takes you close the falls. If the boat by mistake goes even an inch over the canada side of the water, they will check your passports and visas before letting you into US side.:D





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  • Janisaris
    10-30 04:37 PM
    Please call
    1-800-375-5283 options 1-2-2-6-2-2-1.

    Dial the extensions in sequence with a gap of 2 seconds...

    Good Luck !!

    Did you receive them from NSC (LIN?) . Where did you get your I140 approved?



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  • a_yaja
    12-16 05:45 PM
    Why do you want to get the visa stamped for your old employer (Employer A)? The Chennai consulate will know that you have a newer H1B with a different company. Your attorney is correct in that joining Employer B as soon as returning from India shows false intent. USCIS could interpret that as fraud and you could be putting your GC at risk (this is just an extreme possibility - but anything can happen).

    You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).

    Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.

    Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).





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  • das0
    06-22 09:30 AM
    [QUOTE=desi3933]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st

    Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?

    2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1

    So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?

    3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.

    Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.

    SO the question is:

    As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?

    Please advise.





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  • EB2_Jun03_dude
    04-11 11:16 AM
    I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.

    Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...

    It annoyed the heck out of me and I hung up rather than hearing the message over and over again.

    Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.

    dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)





    pranju
    05-30 04:48 PM
    Please do send the fax to all senators, if you have not send the webfax to all senators, please do so now





    siddhu98
    04-26 03:17 PM
    Guys, I did the same mistake. I called the customer service and she told me to post the requested change. I did sent my supporting documents, now I did resend another letter asking to correct.

    I just reliazed that I too missed the last entry date field and had already sent the supporting docs this morning.. (efiled on last Saturday).

    Can you tell us what are docs that you sent to USCIS to correct missing "last entry date"?

    1. Confirmation Page
    2. Letter explaining the "Date of last entry" was missing and give the last entry date..



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