Thursday, 9 June 2011

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  • mhathi
    02-13 01:56 PM
    Immigration Voice - the voice of LEGAL immigrants!
    Click here to learn more.




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  • questforgc
    08-26 02:36 PM
    congrats bluez.
    Did you apply for AOS at all?

    If i filed for AOS, can i do a CP like what you have described here?
    I chose CP in my I140 but filed for AOS.

    I guess there is a procedure for switching from AOS to CP, but just wanted to know what you got to say.




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  • ash0210
    11-21 07:06 PM
    gc_in_30_yrs, I will file new Labor in PERM with this new job Responsibilites..! :D

    I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
    Just kidding. I like your analogy.




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  • rajuram
    02-10 01:17 AM
    You can get an emergency appointment if you are returning H1b worker.



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  • thomachan72
    11-10 02:47 PM
    Never heard of this before. Wouldn't know what to do either. Can you call them and ask? or send an email? what does your attorney say? Was an educational evaluation done on this?




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  • rhoh
    07-29 10:01 PM
    Once you are on F-1 (in the rare case), then you'll file your tax returns as Non-resident Alien and this will mean abandonment of 485.



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  • centaur
    03-27 05:45 PM
    You need to get another attorney, first and foremost. Sorry its a bit harsh, but it's for your best. There might be problems later and you need to ask yourself-- is this attorney (who apparently didnot go through the case before filing) giving you what you paid for?

    I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

    My questions are:
    1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
    2. Can I continue the case since I already got my Labor Certificate?

    I appreciate your feedback. Thank you.




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  • wandmaker
    09-18 07:07 AM
    I paid the money to my company who has applied for my H1B.

    Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009.

    I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th.

    ......had nicely and smartly enjoyed everyones money and are free without any problems. Now from last few weeks they are not even replying any emails or phone calls. This clearly indicates that it was very well planned fraud. They should really be sent to jail.

    3 x $3,500 = $10,500 is easy money! As long as there are people like you ready to pay for their H1Bs; these companies will continue make money out of you. First, You should stop paying them! Second, file a complaint with USCIS about this company!!



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  • glus
    12-16 09:36 AM
    I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

    Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

    1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

    2...by submitting any paperwork to them can he hamper my proessing?

    3...Do i have anything to scare about?

    4...what should i do now?


    This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

    I need help.....please let me know what should i do....please people help me....

    After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
    Suggestion: keep the employment termination letter/note/email for records for future reference.




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  • immigrationmatters30
    06-14 12:43 PM
    Sorry to say this but there are very few memebers on this forum without EAD. I think this website existed for a while but only came to life when dates became current in 2007. You can notice that most memebers here are with EAD when you see the number responses you get for EAD/AP related threads Vs H1B. Open an H1B thread and notice how quick that gets buried. But that will soon change, when most memebers with EAD get their green card they will hopefully be replaced by newer, non-EAD memebers and then we will have one united community(H1B, non-EAD,temporary workers). FYI, no EAD for me as well.



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  • gcwait2007
    05-14 06:49 PM
    It all depends on which country she belongs to.

    If she belongs to heavily retrogressed countries, she would be better off with consular processing.




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  • hsm2007
    09-20 07:28 PM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Thanks.



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  • jonty_11
    07-16 07:11 PM
    Bluez,

    How are you planning to get PCC from consulate. I live in colorado and going to SFO would be very expensive as well as time consuming. Do you know how much time consulate would take through mail? I am skeptical whether they would send my passport back by Aug 15 or not as I am planing to leave on Aug 15.
    seee SFO website...they issue PCC is upto 45 days, I think...
    cgisf.org - even better call them




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  • bookmarkmaster
    08-27 06:59 AM
    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.



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  • trueguy
    03-06 01:10 PM
    Both are very good point. May be we should send it directly to Obama office and request him to consider.

    Can we have a letter that everybody can send out. I am sure sending thousands of letters will have more impact.

    Thanks.




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  • nagio
    11-08 12:36 PM
    Keep checking the dates. As mentioned in the earlier post, dates were opening just before two weeks. I would not recommend taking emergency appointment unless it is a true emergency.



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  • sgorla
    06-05 05:42 PM
    The online status of my package on USPS tracking page shows same message as yours. It just struck me that how can a certified mail be delivered to the agency if one is sending it to a PO Box. I mean how can USPS get a delivery signature from a real person if the address is not a physical address, but a PO Box number. Any thoughts?

    I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says

    Status: Notice Left

    We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.

    The address where i sent is
    USCIS
    Texas Service Center
    P.O. Box 851041
    Mesquite, TX 75185-1041

    Any clue what may be going on - this is another round of fun :confused:




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  • arpu31
    11-13 07:35 PM
    I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
    So my questions are,
    1.Can I apply for visa status change from H1B to H4 in USA or
    a. I need to go outside USA and reapply for H4 visa in my home country or
    b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
    2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
    3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
    4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
    5. Under what scenarios and When would I be considered out of status?

    Thank You in advance.

    Arpu




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  • panini
    03-16 01:35 PM
    Anybody??? Please help !!!!




    bkarnik
    05-01 01:29 PM
    Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).

    No. Drop box is out. You have to go for an interview, because they need to fingerprint you. I would advise applying at the consulate nearest your residence. BTW, there is link on the VFS website to check the latest interview date, I checked it over the weekend and was pleasantly surprised to see May 12th as the most recent date available. It seems the consultae has changed their policies to provide returning people on the same visa status a priority in getting appointments.




    LONGGCQUE
    04-15 08:02 AM
    Join the campaign on I485 filing thread .... there could be 1000's of who are impacted ...



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