Friday, June 10, 2011

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  • Pawankalyan
    11-07 01:44 PM
    I have applied 485 (both for me and wife on Aug 13th 2007) without submitting the medicals...still waiting for 485 receipts...
    Just trying to figure out anybody on the same boat..





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  • bfadlia
    07-31 05:07 PM
    I was in Canada in 2001, had the approved I-797 but the consulate in Calgary refused to give me the visa stamp and asked i go back to home country to get it (Egypt)
    Even though I had no US education and people who do might have a better chance, but it is still only a chance, totally dependant on the mood of the consulate officer who has every right to refuse issuing visas to third country nationals.. i don't know why anybody would risk it if they don't have to.





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  • ksrk
    01-21 06:48 PM
    Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.


    Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.

    If your I-94 says AOS Pending, how are you on H1B?
    If you enter the US on AP, your I-94 is stamped as "Adjusting Status" or "AOS Pending" and the expiration date on it is 1yr from date of entry (regardless of when the AP itself expires). And for this you don't need an H1B visa stamp in your passport.

    With the "AOS Pending" (or equivalent stamp) on your I-94 and passport, you can't be in the country on H1B. You are "Adjusting Status" and legally in the country. Of course, to (continue to) work under this status, you will need an EAD.





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  • crazydesi
    09-03 07:36 PM
    AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. (See http://www.aila.org/content/default.aspx?docid=24522)

    This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.

    If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
    ------------------------------------------

    http://aila.org/RecentPosting/RecentPostingList.aspx



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  • averagedesi
    09-14 10:58 AM
    Here is something interesting

    My wife got her EAD approved for 2 years, she is suppose to get her extension only for a year as on Sep 10 when they renewed her card the priority dates were current.

    USCIS an organization that is above and beyond the laws of this country.





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  • eagerr2i
    08-02 02:19 PM
    Seems like a convulated issue. You would be better advised by consulting an immigration lawyer asap. Check with your lawyer if you have one. Sheela Murthy, Rajiv Khanna, Sonal Verma or Shusterman are some of the popular names in immigration law. You could try to get a consulting appointment with one of them asap. Typically they will study the case & discuss the case with you and suggest options. Typical consulting fee varies from $200 to $ 400 for one session.



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  • jsb
    12-16 09:10 AM
    Any of got approved based on this memo ?

    I talked to my lawyers. They said that the first time it didn't work. As this memo is recent, they still have to see its usefulness. Perhaps, the problem is that even if A# are provided to USCIS offices, they can't find where those (physical) files are. Nothing can be done unless files are seen by adjudicators.

    Note that cases (family and employment) other than for identified 3 or 4 countries, PD is not an issue. So for USCIS it is not as big of a problem as it is for us.





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  • gopi246
    03-20 12:29 PM
    Most likely SSA typed in wrong I-94 number and hence the verification would have failed from USCIS. Visit the local office again and ask them to verify all the information again. They can tell you the SSN in 2-3 days if everything checks out that should be enough to generate the payroll. The actual card takes 2-4 weeks.

    Thanks a lot for your inputs. The SSA has sent a remainder once on Feb22 and the immigration have'nt reverted back yet. Is there an chance for me to contact immigtaion so that I can find what exactly went wrong. Once again Thanks for time and inputs.



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  • digitalborealis
    01-10 06:24 AM
    Research statement? Have never heard about that one! Are you a postdoctoral research fellow?

    No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.

    D





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  • 485Mbe4001
    09-03 07:51 PM
    This was discussed earlier, as far as I understand they cannot approve a case if the PD is not current. This is a part of the internal clean up where they will identify cases...no help for EB3 I/C with old PDs

    -- I was a security check victim for 2yrs and 9 months



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  • arunasri
    09-19 03:42 PM
    my PD is July 2004 EB3. I got 2 yrs EAD approved on 9/10.





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  • paskal
    02-22 06:14 PM
    Not sure if people understood the question. Based on this data it shows India got much more then what was in the quota and there were more GC given than the yearly total limit. If this is true, why do I keep hearing that in forums that there were 250K visa's over the last 5 years that were lost because they GC's were not processed in time? If anything there were more visa's given and a disproportionately higher # for India.

    suggest you read the ombudsman report.
    and yes the numbers available were higher because
    1. a recapture was in progress
    2. recaptured visas were fifo not by country quota

    and country quota is deceptive. when ROW is current, eg last july, uscis gives out GC numbers by fifo availability not by country quota.
    of course last july was a freak...not coming back anytime soon!



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  • abhay
    10-30 09:19 AM
    I did some mistakes when I went for Visa intervew in March 2007, I have done a new form on line and printed again.If they have not changed the usage of online DS-156 you could do the same thing.

    Some fields cannot be edited after you save for the first time like Passport Details (Number, Place of issuance etc).





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  • sledge_hammer
    02-20 06:06 PM
    1) What is her current status H1B or H4?
    A) H1

    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    A) It is her employer's responsibility to cancel her H-1B if he did not pay her and offer the job she was promised. In my opinion, she is already out of status.

    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    A) She will have to re-apply for H4 and re-enter the country.

    4) What are the options to get her back on H4. I have to file my extension in sept-2009.
    A) Contact an attorney.

    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers



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  • raj1998
    05-20 09:55 PM
    Its been real fast. Yesterday I received my Approval letter, today I received my Card in mail.
    Application was approved on 13 may after opening SR on 6th may. So canceling INFOPASS... :)





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  • gc28262
    07-31 07:42 AM
    This company is on the wrong side of the law. Please read H1B laws from DOL(Department of Labor) site.

    Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)

    Employee Rights
    H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.

    U.S. workers and job applicants may also have certain rights under the H-1B programs. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. In addition, an H-1B dependent employer or willful violator must offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B alien worker. The U.S. Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.

    No employer of H-1B, H-1B1, or E-3 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B, H-1B1, or E-3 provisions or for cooperating in an official investigation of the employer's compliance.

    U.S. workers and H-1B/H-1B1/E-3 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.

    Complaints about non-compliance with H-1B/H-1B1/E-3 labor standards may be filed with a local Wage and Hour Division office.
    U.S. Department of Labor — Wage and Hour Division (WHD) — District Office Locations (http://www.dol.gov/whd/america2.htm)

    If you want to complain about this employer, fill in WH4 (http://docs.google.com/viewer?url=http://www.dol.gov/whd/forms/wh-4.pdf)form and send it to one of the following offices
    Northern New Jersey District Office
    US Dept. of Labor
    Wage & Hour Division
    200 Sheffield Street, Room 102
    Mountainside, NJ 07092
    Phone:
    (908) 317-8611
    1-866-4-USWAGE
    (1-866-487-9243)
    Joseph Petrecca
    District Director

    Southern New Jersey District Office
    US Dept. of Labor
    Wage & Hour Division
    3131 Princeton Pike, Bldg. 5, Rm. 216
    Lawrenceville, NJ 08648
    Phone:
    (609) 538-8310
    1-866-4-USWAGE
    (1-866-487-9243)
    Pat Reilly
    District Director

    Also let your friends know that it is illegal for the employer to ask money for H1B processing and also making you sign a bond.



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  • gcgreen
    10-15 12:55 PM
    Much as we all would like to believe the statement below, do we have any actual study done that concludes that x number of people were prevented from immigrating and look they went home and did these great things?

    If there is such a study, that would be very compelling.

    http://www.businessweek.com/technology/content/sep2008/tc20080915_270731.htm


    The study shows the U.S. still leads the world in the "human capital" category, which measures the number of students attending universities, a country's capacity to train scientists and engineers, and employment in the tech sector as a percentage of the overall workforce. Here too, though, the U.S. lead is threatened. While students from other countries still flock to U.S. universities to get their MBAs and PhDs, tight immigration policies are causing more of those students to go home after graduation. "Our own education system is not producing the innovators we need," Estrin says. "And we're not opening our doors to the best people, and our immigration policy is such that we have been making it harder for them to stay, and so they are going home and innovating elsewhere."





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  • lostinbeta
    10-04 12:12 AM
    Oh yeah "layer 1" just refers to the layer with the original shape and "layer 2" just refers to the layer with the fill. They assume you aren't giving names to your layers which is why they have it in quotes.





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  • shivaniraina
    07-26 08:13 AM
    As you are exempt from the cap, you can start working as soon as you get new petition approval.

    Also, I do not think stamping should make a difference in your suitation as HIB visa count is against the petition and not stamping. However, I would highly recommend that you speak to a lawyer.





    immigrationvoice1
    01-29 11:13 AM
    Class of Admission: H1B
    Date of intended Departure: Any future date (3 months from now or anything..)
    Expected length of stay: One month

    Our attorney told us that we need to provide definite answers to the travel questions, however, we can use the document to travel multiple times. We got our APs on time.

    Hope that helps.

    Dear All,

    I need urgent information that how to file Advance Parole application. My I485 application is pending with USCIS and now i need to travel to my country as my uncle is very sick. I am planning to fill out the application by myself and not by the lawyer as he is ripping me off. Can any one help me how to fill out the application although it seems very easy but i dont want to make any kind of mistakes.

    In part 1, field (3) of the application it asks me for "Class of Admission" i am not sure wat to write in it. NEED HELP IN THIS FIELD.

    In part 3, field (1) and field (2) can i write "Various" as I want my document to be valid for multiple visits OR do i need to put any date.

    I also need some guidance that what kind of letter I should make where it asks that "On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. * Include copies of any documents you wish considered."

    Please, please help me in this regards.

    I would really appreciate if any one can help me out in this matter.





    Becks
    02-01 09:49 PM
    Few of my friends had expressed their views that John McCain is better than others when immigration matters. But who ever comes they have to understand legal skilled immigrants problem because these are the people who contribute more to the economy.



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