Monday, June 20, 2011

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  • amsgc
    09-18 02:34 PM
    Hi Milind and others,

    Thank you for your response.

    How does one apply for extension of stay beyond Oct 31 under these circumstances? Which form is used and is there an option to do premium processing?

    My guess is that it is the same form - I-129, and one should be able to do premium processing.

    Anybody here who is familiar with the process? Please advise.

    Thanks.

    He has a stamped H1 till Oct 31 2008 . He is an H1 extension of I 1797 till Oct 31 2011. There are two things one can do.
    -Go to CBP and try to convince that you did not show the 797 with validity till Oct 2011 by mistake /error or stress so please correct the I 94.
    -Else if the above does not work take a small trip and travel outside and return back before your visa stamp ends(Oct 30 2008) , while at reentry show you visa stamp as well the 1797 with validity till oct 2011 , the POE has to issue you I 94 till oct 2011.
    -or else just take an appointment in the home consulate and go for stamping
    But make sure in any cases u must leave the country before Oct 31 2008 .





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  • venky321
    02-13 10:35 PM
    Everyone needs to relax, they are not going to indict everyone for a few hundred dollars of state tax. These guys did engage in a lot more fraud than just state tax. And consider the millions of illegals in this country totally below the tax radar.:rolleyes:

    But that does not mean that we should not be extremely careful going forward. I think one does have to pay state tax in the state that you ARE ACTUALLY PRESENT in.

    This is not really a grey area; the only times when there would be an exception would be if you did temporary work for your employer (say delivering his products, setting up his business, installing his machines etc) at a different location; then perhaps your payroll does not have to change for the brief period of a few months you were away.

    I was reading this on turbo tax, one needs to file a non resident state tax return; (basically ask for a refund from the wrong state, pay taxes in the right state). Infact tax amendments can be filed as far as 3 years back.

    Consult a tax expert; but probably would be worth the hassle to do the above. And be extremely careful regarding all other rules going forward.





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  • ujjvalkoul
    08-21 10:50 AM
    Do we have sample letters we could use for this





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  • pyrosleepy
    07-20 04:10 PM
    What your lawyer is suggesting you is a pure fraud. I'm amazed how many unethical lawyers are out there. The thing is not about whether USCIS "will have a chance to look". USCIS will be able to review your case at any time, even after you get your GC and even after you get your citizenship. I knew a guy from Iran who was in similar situation he got his GC and many years passed. After 9/11 his case was scrutinized, his GC revoked, he was arrested and deported. Do you want to live in fear the rest of your days in US? If you don't, then find another job, port your PD (it's easy, since you have I-140 approved, the company can't revoke it) and do it all over. I know it's frustrating, but it's a "right" way. If you get lucky you will have your PERM in 2 weeks and if your PD is old enough, you will be able to apply for 140/485 starting from Oct.

    Good luck
    Thanks very much for your thoughts/advice. It is scary when you think the USCIS might do something later even after getting GC.



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  • vikramy
    06-04 02:49 PM
    I am a July 2007 filer joined new company(1000+ employees) in Jan 2009 & applied for H1 transfer. H1 with old company is valid till January 2010.

    Now my H1 transfer is denied. I am 99% sure my company will not file MTR. It looks like it is their corporate policy. Most probably i will not even know the reason why it was denied. (again corporate policy).

    I need your valuable suggestion. What are my options here?

    1) Can i go back to original company if possible?
    2) Can i be able to do an H1 transfer if I find some other company? Will it be approved considering that MTR is not filed for current applicaiton.
    3) If I can file for H1 transfer with other company how much time i have to do it.

    I don't want to move to EAD as i have leave country if some thing happens to my 485.

    I earlier put this in a wrong category, so reposting here. Do any others have input?





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  • insbaby
    10-06 11:02 AM
    Dear Friends,
    Please answer this question urgently. Currently me and my wife are in EAD working here. My wife needs to go back india for her delivery. please let us know what are the implications? Is there a problem bringing baby later to US? what visa they give to baby? What happens if my approval happens during that period(July -2002 EB3)? or do we get another finger printing notice if we can't go?

    PLEASE WAITING FOR YOUR REPLY.

    THANKS
    Prajwal

    Please revisit your decision if you can. Both of you are in EAD and working here, should have covered by insurance fully. You can consider having baby here instead of going there.

    If you are planning to go there, she has to go at the 5 th month for safe as airlines won't let to travel if past 6 or 7 months. And she can come only after few months once baby is born.
    [** Removed ** Your baby has to get Indian passport, go to US consulate for H4 stamping etc etc. ** Removed **]
    [** Updated ** If you don't have or maintaining valid H1B, your kid and/or wife can not obtain H4 visa. ** Updated **]

    Counting from the day she is leaving US, it would surely takes 8 months to 1 year before she comes back.ut,

    If you plan to have baby here, you have lot of options.

    But, I don't know your situation, so my suggestion may or may not work for you.



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  • gclabor07
    05-09 09:42 PM
    Based on my wife's experience, I can confirm that they give you your license back if they determine that it needs to go through SAVE verification. Hope this helps.





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  • sathishkrish
    07-02 04:03 PM
    Hi all,
    Really surprised but pleased to say our green card got approved today !

    Details �
    PD � Oct 2001
    485 RD � Mar 2004
    EB3 - India

    We had seen worst of the GC process:
    labor got remanded back to state then send back to DOL again and got approve.
    FBI name check stuck for around 2 years,
    485 filling during pregnancy,
    Fingerprinting notice sent wrong address,
    2 RFEs for 485 (one for TB test one to get current employment letter)
    and finally retrogression!

    I was hopeful when the dates became current that this will be all over soon but logged in today on immigration voice and got the shocking news about visa number for EB are now unavailable. Thought that we were unlucky again.

    But then checked the status online on USCIS and there it was following message �
    �Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
    Current Status: Card production ordered.
    On July 2, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.�


    Having gone through the worst, I will always support IV and their effort to get justice to all of you. I pray for all of you to get GCs soon.

    Thanks for everybody who had responded to my questions.
    Thanks IV for the leadership and this forum.

    Does it mean that the numbers were available today? If so, How can they not accept 485 applications?



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  • pd_recapturing
    06-13 09:43 AM
    I think, if by June 30th if your application is pending, you will get your EAD extension based on this new rule i.e 2 year of PD is not current or 1 yr if PD is current on 30th June. People will start seeing it in a couple of weeks after June 30.
    I guess, it makes sense to aaply it now if you can as based on USCiS speed, you will most probably be pending by June 30.





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  • prasanthmasina
    05-06 02:18 PM
    Right now it all depends on how the midterm election go in favour of the dems. But this just seems a way to pacify the latino voters and nothing else....:rolleyes:



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  • crazyghoda
    04-23 04:43 PM
    if your brother has already paid his fees in IIM make sure he takes that fee recpt with him to show the officer. Tell him to mention that he is looking at spending some time with his whole family together and getting a nice vacation before starting to slog for the next 2 years.
    If your brother has any assets in his name like house, car or any stocks, etc then take those docs along to show the consular officer. The consular officer merely needs to be satisfied that he will come back after his trip and not stay back. Expect questions like why did you choose IIM and not a US University, etc and be prepared for a good answer.

    In most cases, when a consular officer sees someone who is meritorious they are usually very courteous.





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  • sandy_anand
    03-15 11:18 AM
    not happening........

    I agree...



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  • nmdial
    11-11 03:27 PM
    Sen. Grassley and Sen. Sanders have introduced WARN act. This bill requires employers to certify that they have not and will
    not lay off a large number of employees before they are allowed to employ foreign workers.

    The text of the release and the bill is available at

    http://immigrationvoice.org/wiki/images/e/e1/PressReleaseSandersGrassley.pdf

    http://immigrationvoice.org/wiki/images/2/2b/LegTextSandersGrassleyWARNActandImmigration.pdf

    Anti-immigrants are gearing up to oppose our provisions as time approaches for Immigration legislation. We need to be aware of these bills and the fact that these are designed to throw immigrants out of the country. While we are busy discussing about spillover rules and other small items that are in reality non-issues, antis are busy figuring out how they can uproot our lives and careers through such bills. It would not surprise us if such provisions are tried as amendments in other bills. Immigration Voice will oppose such provisions and will work on making sure they do not go further. We need to focus on the upcoming legislative activity on Immigration Bill. Discussions such as spillovers or wasted visas will no longer help. There are no wasted visas anymore. For the ones wasted in the past, it will take a recapture bill to make them available. The harsh truth is that there is no easy fix.

    As I understand, Senator Grassley has been trying to ensure that H1-B is not being misused with the help of USCIS and Homeland Security. The question then is that once there is a system which ensures that employers are not abusing H1-B visa, why do we need WARN at all? The only logical conclusion seems to be an anti-legal immigration drive.





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  • cinqsit
    03-26 11:43 AM
    [...]

    Recently I came to know my employer is having few cases pending on his Company and he started a new company B on same address where my company A has exist.

    So could any one please help me in this situation.
    Thanks in advance
    Chethu

    You should get advice from a immigration attorney.

    But on a another note why would your employer start a new company on the same address as the previous ...sounds very fishy.... may be to get around some immigration/tax hurdles he faced in the past ???!!! - its because of employers like this that others have to endure endless checks and scrutiny - its so disgusting



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  • roseball
    04-04 09:11 PM
    Hi, my husband and I had our interview today at 2pm located in San Jose. Everybody was called for their interview except us and we were wondering why we had to wait for an hour and 25 minutes. Only then we found out, the immigration officer who picked up our appointment letter forgot about us. :mad: When we finally got in touch with someone, we got called in at 3:25 by an old lady immigration officer. She was cold, unfriendly, had a very serious face, and did not make eye contact at all. She did not make things easy for us and there was tension everywhere.

    My husband and I have been together for almost 7 years now, but we've only been married for 5 months. I am the petitioner and my husband is the beneficiary. We don't live together because of school and work complications. But we do have evidence to show our marriage is bona fide. Starting with airline itineraries visiting each other going back from 2004 to present, joint checkings/savings account, joint auto insurance, joint credit cards, joint phone account, email love letters and online chat messages from 2003 to present, receipts from motels where we stayed whenever we visited each other, and receipts from places where we ate together. Also, we turned in my tax returns, 2005, 2006, and 2007 and since I have already filed for my 2008, I have included that as part of the supporting documents. We also turned in my pay stubs for the month of February and March, along with an employment verification letter from my employer. Even though we have turned all of these documents to support our marriage is real, the immigration officer gave us the face as if we're going to get denied anyway. Then as she was going through the supporting documents we submitted with the application I-485, she noticed the seal on my husband's court disposition letter was missing. They lost the seal and told us we have to go back to court and get another one because she was thinking we tampered with it. Oh my god, in my mind, I wanted to lecture her to tell their clerks to be careful when filing important documents. They lost the seal to the court disposition letter! :mad: Then she saw her colleague and asked for his opinion and said to him, 'we have a problem'. He started asking us questions like how we met, how old we were, why we're not living together. After we answered, he said 'thats a tough one' and then he left the room. Then, our immigration officer stood up and said she's late for her doctor's appointment. My husband and I were so confused and shocked by all this. It was as if she didn't give a crap about us just because we don't live together even though we have tons of evidence to back up our marriage. It was the worst feeling in the world and felt like our life was taken out of us. :(

    So now, we were given a piece of paper stating we have to turn in another one of my husband's court disposition letter with the seal included. It was their fault in the first place for losing it. Not only did our immigration officer made us wait for an 1 and 25 minutes, but she forgot about our appointment too. She never even apologized. She was not a nice old lady. Then she told us our interview has to be reviewed by her supervisor, and from the way she treated us after finding out we don't live together, she gave us the look that we have no chance of getting approved. :( On the way home, my husband and I were quiet the whole time, still shocked. We asked ourselves, why couldn't this happen to those whose marriage is a sham, you know? Why did we have to end up with that old lady? Why do they have to lose the seal to my husband's court disposition letter? Why do we have to suffer like this, you know? Today was a bad day. :(:(:(

    Please tell us what you think will happen to our AOS for my husband. Please share any experience you have that might give us hope. Because right now, all we can do is wait for their answer and keep on praying. Thank you. *sighs*

    Sorry to know about your bad interview experience. If they call you again for an interview, I would advise to take your attorney along with you. You will be amazed to see how the interviewers' behavior or attitude changes when she/he sees a attorney supporting you...Hire a good attorney just for this purpose if need be, but do take one with you..Wish you the best..





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  • eager_immi
    12-15 02:55 PM
    Please change the title of this thread to "IT guys help needed to setup website - Lou Dobbs Idionomics"

    IT guys..

    Can someone help me create a website like www.LouDobbsAmerica.com ?

    I want to put real life situation in an imaginary world of Lou Dobbs. US people will be able to see life without....

    Imported Oil ( life without AC , heating & big cars, Boeing will make buses as demand fo buses will jump & for planes will drop)

    Cheap farm labor ( $20 / lb meat, $ 5 burger, $ 2 soda )

    Cheap chinese goods ( one dress each year at most including Lou Dobbs )

    Out sourcing ( Tel / internet / Cabel connection to cost $500 / month)

    Illegal immigrants (20 million Americans will get janitorial / food processing jobs jobs paying a Starting salary of $ 25 / hr , " Made in USA cars to cost $40 K at min")

    Foreign savings to release T bonds ( Bank rates to go up to 19 % like Jimmy Carter time, USD to fall by 50 % in value , Inflation to go up to 15 %)

    Skilled immigrant ( Healthcare will cost 4 times , IT company starting salary will be $ 200 / hr & the CEO will make $50 /hr)

    We will fight China / North Korea/ Palestine / Iran / Venezuala / Cuba & every
    other "Bad" country head on with Lou Dobbs & his reporters running report from Gaza. Military size will go up to 5 million CNN will only operate in US as a local radio staion.


    Guys I am more of an economist & will only provide information backed by real economic model.

    Please help me create this website & all the profits from this website will go to WWW.immigrationvoice.org

    please contact me



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  • msp1976
    03-08 05:56 AM
    Please read completely and modify if required before using...

    1. The economic and cultural contributions the HSLI's make.
    We all pay our taxes and we are not a burden to the social services..We donot constitute a charge to the American taxpayers. We live in this economy and spend money that generates steady economic activity and employment in this economy. If the jobs go to another country, US would lose the derivative economic activity resulting of our presence.
    High skilled legal immigrants come from a large cross section of the world and they add to the mosaic of American culture. We cherish family values. Many high skilled immigrants have a history of being great philanthropist.
    'TODO : you got to troll the net and find some examples'...

    2. The Competitive advantage this country will lose if it does not make immediate amendments to the broken Immigration process.

    United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from
    small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something
    is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.
    Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.

    3. Debunk some myths such as H1's dont pay tax, H1's take away jobs etc

    This is just blatant disinformation on part of anti-immigrant troglodytes like Lou Dobbs et al. American companies are desperate for labor and the labor deficit is going to grow. If immigrants do not come, American companies would go where the suitable labor is. America would lose the job and derivative economic activity of the job. The only way to avoid is to allow more immigration.





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  • austingc
    05-26 04:27 PM
    If you use your AP to enter the country, you can't use your H1-B anymore. You will have to use the EAD for work.

    Also, I didn't quite understand why you/your company are filing for a H1-B visa that too premium processing if you are planning to enter on AP?
    If you use AP to reenter the country, you can still use your H1B to work. Your statement is incorrect. I think this question answers your second question.

    I know when you enter on AP you will not be on H1B status but still you can continue to work with your H1B employer. My sitution is I applied for H1B transfer with a new company and it is pending. I was wondering when I returned back using AP, will it be ok to work with my new employer after the approval. Basically i do not want to switch to EAD and continue with H1.





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  • ravise
    09-08 10:45 AM
    please post if you know some one replied to this type of RFE and what docs they used.





    psaxena
    10-22 02:50 PM
    Please clarify the first message on the thread says, you have arranged a conference call of the members and guest is Bob Casey. Did you not clearly explained on what is going to be talked about, did anyone from the senator's side not explain how this whole thing gonna go?

    This conference was pure election campaign they did not allowed anybody to talk Sen casey spoken around 25 minutes and that is about it and he announced about the visit of The President at PA on Oct 30th. that is about it. could not convey the message it was a one way messaging conference.





    StarSun
    02-22 09:26 AM
    Lawsuits Or Advocacy efforts.

    Either one of them requires dedicated volunteers, money and participation!

    IV is arranging for the advocacy efforts. It has a better chance at being successful. Are you with it? Register for the advocacy days (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)

    If you are hesitant or have questions, call me NOW.

    Procrastination and muted response never helped anyone. Give "Voice" to your "Immigration" problems.



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