Wednesday, June 15, 2011

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  • Siddharta
    01-11 09:11 PM
    I dont think u'd be barred from entering that country again on a tourist visa but another PR? For sure u can forget that.

    Why is that? What if I have a job offer from a canadian company and they sponsor me?





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  • mmanurker
    09-25 04:45 PM
    I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."

    Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?

    Would appreciate any opinions on this matter. Thank you.

    Do you mind sharing the name of your lawyer?

    yeah, may be you shud share the name of your lawyer....who knows I might also be using this lawyer...you never know until you find out the names.





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  • rex
    07-26 11:44 AM
    will the fee go up if applied after july for EAD/AP?
    I am also waiting for 485 receipt.





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  • praveenuppaluri
    02-21 08:02 PM
    nmdial and sac-r-ten
    thanks for your responses. I am going forward with "do not apply" option for now.



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  • senthil1
    04-17 12:03 AM
    It does not matter when no bill is passed and also we are not even close to it. This is giving just false hope .Hope for best and prepare for worst

    Are you getting this from official sources? I think Accountancy, Marketing and so on would qualify as long as the degree is a Master of Science.





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  • DallasBlue
    06-23 11:44 PM
    even if in july bulletin the dates move back, think anyone can file till jul31st.
    The applications will be valid as long as it is post marked before 31st july.

    --disclaimer: not a lawyer



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  • whiteStallion
    03-04 07:52 PM
    You can also expand your family .


    This is the best advice I've seen :p:p:p





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  • roseball
    03-31 11:01 PM
    I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.

    I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.

    Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.

    On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.

    On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.

    As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.

    What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).

    What are my options/risks; deportation for instance? Should I leave the country immediately?

    You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.



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  • fide_champ
    02-15 01:22 PM
    Thanks to everyone who replied.





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  • shahrooz
    02-15 10:28 PM
    260 views and not even one single opinion?



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  • thomachan72
    09-16 01:17 PM
    Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?





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  • brij523
    02-18 11:42 AM
    Anyone else!! Lets join to help ourself.



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  • gsumk
    08-25 07:17 PM
    @ Meet

    You will not get new H1. Your remaining time on H1 will be extended once you decide to do COS from H4 to H1. If you were out of country for one full year ony then you will get NEW H1 and then the new fee hike applies to you.
    But if you were not out of country for one year then you will get the same H1 extended for the remainder period (6 years minus what ever you have used so far). The new fee hike applies to new H1 applications only.

    Hope that helps.

    Do we need to apply H4 to H1 thru the same original company to reinstate the old H1.

    Please let me know.





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  • kiran_k02
    01-11 01:26 PM
    My Delhi Consulate Experience for my H-1B extention:

    I am from Hyderabad but due to unavailability of appointments in Chennai consulate I applied through Delhi consulate. As a US Resident, I have an option of selecting any Consulate in India.

    First they will check your DS 156 & DS 157 form when you are in queue to get in and also your application gets verified in a counter outside the main embassy and then you are let in, you can deposit your Cell Phones so don't leave your cell phones at home as we did, it was tough without a cell phone for half an hour after interview .

    Once you get in into the embassy they do finger printing and then you are in queue to meet US Consular Agents.
    While I was in queue, I saw lot of people getting rejected (mostly F1). They were asking unexpected questions to H1-B extension folks too. Questions like

    1) Why did you change to this new employer?

    2) How many employees does it currently have?

    3) What does the company do?

    4) How did you know about this company?

    5) What was your masters in?

    6) In my case they asked about names of the clients I was involved with through my IT services employer?

    7) What are your job responsibilities?

    They are trying to look at your body language and communication skills.

    When I went to the counter he asked me about my previous company and current company, as mentioned above they asked me about how many clients I was involved with through my current employer. Then he said, he couldn't find my petitioner details online so he would check it and issue my visa if no further documents are required(I don't know what he meant by no further documents). I do not have my passport yet(12 Jan 09), I have submitted my docs on 9th Jan 09. I expect my visa to arrive sometime next week (hopefully). Regarding documents he did not look at any of my documents except for my passport and I-797.


    I hope this helps. I am currently in India.



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  • ksurjan
    08-14 11:56 AM
    I am also in the same shoes as you. Been here 9 years, filed GC in 2002, still no end in sight. I recently got a job offer from back home. Decent offer, I am told by friends, enough to sustain a good lifestyle and then save some. I am seriously comtemplating going back.





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  • jsb
    04-09 11:54 AM
    Can someone please confirm if "Card Production Ordered" email from USCIS mean my 485 is approved and I have gotten GC ?
    I have only got this "Card Production Ordered" email and not an email specifically saying "485 approved". How long does it take after "Card Production Ordered" email to get actual card.

    Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?

    When they approve, they have to check boxes for emails/actions. Sometimes they forget some of them. Your email confirms that your GC journey is over. Congrats.



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  • rbalaji5
    10-16 07:01 PM
    Wish you & your family a very very happy, healthy, recession free and prosperous Deepawali !!!

    Sorry IV-ians -Story deleted due to bad comments.





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  • helpful_leo
    02-03 06:42 PM
    spgtopper:

    I am trying to draft a letter that specifically addresses the above 2 concerns in the PACE bill. Not including current PhD graduates in it will delay any potential benefits from this part of the bill on retrogression by 5-8 years, which is when new PhD graduates joining on F4 will graduate (the current PhD candidates will otherwise use up EB1 and EB2 numbers through their employers.)

    Excluding life sciences again would reduce the benefit on retrogression by ~60% than otherwise, bcos > 60% international PhD students (may be closer to 80%) are in the biological sciences (most students in other fields try to do a Masters and then look for a job.)

    I would welcome if IV could publicize this aspect of the PACE bill and the need to amend it.





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  • gsc999
    04-20 02:11 PM
    I have met the congressmen of my area, in person, have called senators of my state. I think singing and ringing can go hand in hand :) don't you sometime listen to music at work ?
    :)





    thomachan72
    10-19 12:30 PM
    Hi Rajenk:

    I have gone through the link that you have posted here. Thank you so much. It is very informative.

    The only question i have is, my employer though a bank, is not willing to give me a copy of my I140 WHATSOEVER. I tried numerous times and they only say that the attorney (FRAGOMEN) has advised not to give the copy of I140 to the beneficiary. With the banks you know..they may be around or shut any time.

    Can you please advise, COPY OF I140 IS REQUIRED, for porting the priority date to new employer?

    Thanks
    Hi you might also need the copy of the labor? or atleast the number for that one?





    EndlessWait
    07-12 10:10 PM
    I can't sleep all night.. cmon atleast give us few options.
    My take on the permanent solution:

    1. Recapture lost visa numbers
    2. Medical tests are going to be valid indefinitely
    3. Ppl who've worked for X years automatically can apply for I-485
    5. All can apply as per the old bulletin
    6. ????

    cmon guys help me with this.i'm running out of ideas..:D



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