Friday, June 10, 2011

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  • zoooom
    10-25 10:04 PM
    Hi There,
    My wife got her H1b approved earlier this year (she was on H4 before) but we also received our EAD's and AP a few months back. She is now planning to go to India. Since we received our EAD and AP she did not start working from Oct. 1(as per h1b)....now that she is going to India the lwayer is asking we withdraW her H1b petition since she is not going to use her H1b anyways. The lwayer is also suggesting she gets her H4 stamped and then come back and use EAD and start working. My question is since the lawyer is going to send an application to withdraw her H1b while she is in India, will she have any problems while coming back. She will use AP on port of entry.




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  • Almond
    01-12 05:26 PM
    At first I was so pissed when I realized how old this thread is but then I read it and you guys bicker like old women. Hilarious:D




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  • transpass
    08-02 07:46 PM
    If this is the case, can they take the route of "Follow to join" what are the other options for folks in india?

    That I don't know. Probably one needs to check with a lawyer or local consulate regarding the available options...

    Regarding applying reentry permit when outside US, please check the recently released USCIS appeals cases...

    http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_03I1223.pdf

    http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_01I1223.pdf

    http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_02I1223.pdf

    HTH...




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  • gc_peshwa
    09-13 10:52 PM
    Realistically I feel we (i.e. High Skilled Immigrant community) what the Jews went through during WWII at the hands of the Nazis.
    Cornered from ALL sides.
    Helpless.
    Discriminated against (due to our skills and since we are willing to work like dogs, good deal for US employers)
    About to be driven out of this country. (H1 expires shortly and no sign of EAD or GC)
    And finally about to be MASSACRED. (at the hands of the Obama's of this world)

    US is no longer attractive to top immigrant talent that actually made USA what it is today.



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  • newu77
    08-08 04:58 PM
    Oops - I am also in same boat:(.

    I am one of the July 2nd filer, EB2 India, PD is April 2005. There is problem if you filed 485 at NSC but got a receipt# starting with WAC we must address it asap.

    I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.

    If we do not solve this problem we could be lingering in CSC for years.

    If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.

    Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.

    http://www..com/discussion-forums/i485-1/168256035




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  • suny_saini
    07-22 11:41 PM
    plzzz i need more satisfication and help and suggestions........



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  • GCard_Dream
    02-23 01:03 PM
    May be it's time to start another contribution drive as some of the members only contribute when there is some action going on in DC; nothing wrong with that of course. I suggest that core team start another contribution drive and hopefully it'll be more successful this time around.




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  • jawbreaker
    12-12 05:05 AM
    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.



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  • snathan
    12-09 10:52 AM
    Hi
    Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
    Thanks,

    Thanks for letting us know...




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  • h1bq
    02-08 12:37 AM
    Hi there,
    In my research I came across L1 visas. I am aware of the qualifications required for L1A. My question is does this visa usually get a Green card in 6 months or so ? Somebody told me these are current and the GC process is less than 6 months ?

    Anyone with personal experience or knowledge do elaborate

    Cheers
    H1BQ



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  • logiclife
    12-05 12:47 PM
    Online tracking or toll-free numbers tracking is really useless. It doesnt say much about the content of correspondence.

    The automated messages(online and phone) say one of the 5-6 standard recorded messages. Nothing more. If there is an RFE, its says there was an "Inquiry". It doesnt say what the RFE was about whehter it was about the beneficiary or the employer. If you talk to a live person, they say that you are not entitled to information as you are the beneficiary and you need to talk to the petitioner or lawyer of the petitioner.

    What you need is COPIES of everything that the lawyer sends out to USCIS. Preferably BEFORE he sends out that fedex. So that you can verify yourself if they have made typos or mistakes in names, dates, etc.(most common paperwork errors).




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  • jung.lee
    03-03 02:30 PM
    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.

    Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.



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  • jest_1
    08-12 11:04 AM
    What about a scenario like this.. If you had some gaps (less than 180 days), but left and re-entered and then filed your I-485. Would it still be an issue or does 245k cover this scenario ?




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  • nixone
    05-05 04:55 PM
    You are right... you should not submit documents with your LC first submission. In my case, they asked for some documents after my submisission(what it's called Audit); one of them was the Ad which they were not satisfied with it, so they Denied my case. However we appealed sending the whole Ad page making them change the case back to 'In Process'.


    If you are still around, I just wanted to let you know that my PERM labor got approved on May 1st. It was filed on Oct 31st. No audit. Looking at your signature, looks like they also approved your LC. Congratulations!



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




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  • addsf345
    11-25 01:27 PM
    My 485 got denied Oct14th as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I (Lawyer) filed MTR on NOV 6th. Got mtr granted yesterday.PM me if you need more details

    Congratulations that finally everything is again on track. Sorry to hear the trouble you had without any fault of your own. Did you used AC21 by H1 transfer or just used EAD?



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  • mmk123
    07-29 12:18 PM
    Humor is the best way we can take a break from this entire immigration stuff, rules, recession.

    ********************

    A conversation between some journalists and Prof. Corn Meat-Loaf was leaked to media.

    Journalist A: Welcome, Prof. Meat-Loaf. I have heard a lot about you. Why are you working so aggressively against G-1b visas? You teach Computers, right? You also seem to have more publications on this topic than in CS.

    Prof. Corn Meat-Loaf: Let me tell the truth. Yes, these *outsider* kids are very smart, they do all cutting-edge research, that I cannot keep-up the pace with. They have hijacked all the research which I could have done. If we don't allow them to do research, then I will get a chance to do it in few years. Writing Unix/Linux tutorials is not going to help much. I need my job security. Hence I had to work for this job. It's secure and easy for me to keep doing it.

    Journalist B: Ok, we understand. This is similar to blaming others for your own problems. It is convenient and easy. But, why do you think that entire G-1b visa program is bad? If there are any bad apples, we identify and throw the bad apples and not the entire basket, right?

    Prof. Corn Meat-Loaf: I actually favor family immigration (look at my biography). I cannot oppose family program and I need something to oppose to keep my payroll running. G-1b is a favorite program to target as politically those guys cannot speak or do anything in return and that makes my point looks more sound and firm. My friend, Mr. Tom Jerry from GutterShield also favors the same program (look at his biography too) and shields my comments. Also, bringing in more unskilled labor helps me having same level of conversation with them instead of feeling left out.

    Journalist A: Gotcha! Why do prefer O11 visa over G-1b visa?

    Prof: Yes, O11 visa helps us bring best and brightest like models etc. They help this economy by luring us to consume expensive designs and to talk about them during lunch hour. As letter *O* looks like zero - I would like to return it back to ones who gave it to us.

    Journalist B: Have you ever thought of grooming more students from here under your able guidance. That's the real solution to this. May be we all should focus on STEM education for some time than speaking about idols and proms. May be a geek should deserve the same attention in school like a football player.
    Corporations in capitalistic society will use the same principle for everything - If you can't produce it (goods or services); buy it!

    Prof: Nope, firstly that's time-consuming and will need a lot of effort. I love short-cuts. Secondly, everywhere I see these outsider graduate students - why should I groom them?
    (Corn and Jerry suddenly start singing and dancing... their friend Piano and "Due Drops" join in)
    Corn and Jerry, yes papa,
    G1 visa, no papa,
    raising the bar, no papa,
    let's fool people, ha ha ha..

    Journalists A and B: Gotcha! Thanks for now!

    Prof: Nice meeting you, what's your name?

    Journalist A: Mr. We-wake from BusinessYear!

    Journalist B: Ms. Herbs from BusinessMonth!

    ********************




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  • gc_seeker_ks
    04-13 04:33 PM
    This bill proposes H1B quota increase over next couple of years and exemption of advance degree holders from EB immigrant numbers. Helpful for sure if passed.




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  • Hassan11
    04-14 05:06 PM
    Thank you txh1b

    It is $305. No additional biometric fee is needed for AP. No FP is needed if you apply on paper. If you efile, USCIS may decide to call you for biometric.




    deardar
    07-06 10:55 AM
    Brother why ?




    ImmigrationAnswerMan
    09-13 08:56 PM
    poorslumdog:

    1) File for a Travel Permit. It is preferable that PR's keep their trips abroad under 6 months if they can. If not then it is best for PRs to keep their trips under one year. PRs should not stay abroad for more than a year without a travel permit and should not let their travel permit expire while they are abroad if they do travel abroad for more than one year.

    2) Where someone gets their PR through employment, they should work for the employer for at least a few months after receiving their green card. This is because part of the process for applying for the PR was that they stated that they intended to work for the employer. However, where the person intended to continue employment with the petitioner, but there was a change in circumstances that caused the person to not continue working with the employer, this should be OK. However the person should be ready to explain to USCIS why they did not continue with the employer even though they intended to at the time they were granted their PR.

    3) PRs can travel abroad. However, they need to be able to continue to show their intent to reside in the US. Employment abroad can be used by CBP or USCIS to question this intent. However if the person is working abroad for their US employer, it should not be an issue.

    4, 5 & 6) See answers above.

    ** This information is of a general nature and should not be relied upon without first consulting with an immigration law attorney. This information is not intended to create an attorney-client relationship.



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