Wednesday, June 8, 2011

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  • kris04
    10-08 04:59 PM
    Yes, roseball, you got it right.

    Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?

    GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term

    But there is one way around it, join employer A and get yourself fired from the job then you're fine.

    HTH

    kris





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  • smads
    03-05 06:18 PM
    Please help me out with my question.

    My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.

    I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp

    "H-1B
    May-22-2007
    (validity of ppt)"

    i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
    1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
    2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
    3) do i need to file for an extention?
    4)do i need some sort of petition?

    much appreciated
    thanks,
    smads





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  • mlkedave
    03-08 03:44 PM
    u know what im trying to say,ferns work was top notch but i just though the three of us were about equal.





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  • alterego
    08-01 02:38 PM
    Wonderful. It seem the CHC has really come around to seeing the benefit of interim relief. The sweetener for them of course is the FB visa recapture, however in spite of that it is a commendable step for them to lose their obstructionist stand, linking anything Immi related to the "earned legalisation" program.
    This may all yet fall apart if the republicans see political mileage in it. They can cause a huge blow up in Sept. and use it to rally their base. However the good news is that McCain is unlikely to get much help from that, and also doing that will also alienate the Latino vote which they need desperately, so I am not convinced they are likely to do that.
    Additionally given recent enforcement measures, wall, harsh immigration raids etc on one hand and the absence of H1b provisions and the generally less controversial provisions in this bill (well supported by industry whose cash they need this fall) may get past moderate republicans. If they choose not to politicize it then I think the measures stand a good chance. Of course we need to do our part, it seem clear to me that we were quite effective with our pleas to the CHC.
    I would urge all the naysayers to take a look at these developments and read between the lines and get on board and feel good about your participation.

    I notice that some of the least controversial measures like the EB5 program, the Conrad 30 program for physicians, and the Religious workers bill have all been kept in abeyance. Perhaps they will try to bundle a small package together later this year as a rider after the recess. I know there is a long time left, but finally a ray of hope.
    I must say considering the recent movement of EB2I dates, the new interpretation of spillover rules, the extension of EAD to 2 yrs and other administrative fixes, the movement of recapture legislation in the congress etc. are all very encouraging given the drought period between 2005 and this spring. I know there are other achievements, but we need to take stock sometimes.
    Thanks to IV for bringing attention to our issues and leading to these small but measurable steps. Who else would have advocated for our community?

    Please keep all this in mind the next time you think about helping out.



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  • royus77
    06-30 05:27 PM
    Guys and Gals,

    It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......

    I'am staying positive..... Want y'all to do it too....

    All the best....
    I will fly to Nebraska on sunday night and deliver it on Monday





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  • ARUNRAMANATHAN
    05-31 09:41 AM
    Contributed More than 100$ recently
    Plus the ongoing contribution.

    As mentioned above, TRUST ... As you must be aware that IV is only non-profit organisation fighting for our rights. So please extended your helping hand .... !



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  • sumansk
    07-12 02:01 PM
    Guys!
    Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...

    Keep up the spirits MAN !!





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  • kaisersose
    07-24 03:07 PM
    ashkam - Thanks alot for the info....my case is "If your job (description, location and salary) remains same or similar under the new company"...still i don't understand why my attorney says to start all over again.

    I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(

    Spend $200 dollars for a 15 min conversation with any of the top attorneys. Your confusion will be laid to rest.

    Just send your questions and all required details to them ahead of time and also write down all possible follow up questions for yourself so that both parties are prepared before the call.

    If they say you have to start afresh, then you can consider packing your bags. Good luck!



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  • pthoko
    05-31 11:22 AM
    My PD is current. Still I am not discontinuing my 50.00 per month contribution that I have been doing since january.

    Great Thank YOU, Guys like you have no match!!! :)





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  • chanduv23
    10-02 01:28 PM
    Come on So Cal folks. We are meeting in Cerritos, CA this Saturday October 6th at 3pm. Login to our yahoo group for more information.

    http://groups.yahoo.com/group/SC_Immigration_Voice/

    You are welcome - we need active participation at the State level.

    Come on SC folks do join the meeting



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  • rb_248
    11-14 08:24 PM
    I totally agree that we must channelize all our frustration into positive energy. But, sometimes I get a feeling that I don't belong in the US anymore and why should I fight for something that is never going to happen. :(





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  • Maverick_2008
    04-07 03:58 PM
    I went back to my home country in 02 in an emergency situation and didn't submit my I-94 as well. No questions asked when I got back. Moreover, no issues/questions when I went back again in 05 and came back to the US. I didn't send anything to the USCIS. Not sure whether it affects naturalization or not but so far so good on my 485.

    Maverick_2008

    PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.


    Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.

    Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).

    OR should I just say quiet and forget about this mistake?

    Gurus- Please Help



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  • MrWaitingGC
    07-04 10:17 PM
    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.


    In General there is a big need of Talents in US, so If you go now I dont think they will dig details in your case. According to my recent study (As I went for stamping in April)they are just checking W2s or recent Pay stubs. So you should be fine.

    Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
    Good Luck.





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  • insbaby
    08-12 09:12 AM
    1. Check with your lawyer on this

    2. Do not send affidavit for Aug 20th. Then you end up with documents having two birthdates and affidavits for confirming both birthdates. Instead, just leave it and wait. You may or may not end up with an RFE.



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  • r2i2009
    05-15 04:26 PM
    The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.

    Our problem is the least of the problems the country is facing right now.
    They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.

    So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.

    Secondly, GOVT would lose EAD renewal, AP revenue etc.

    So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.





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  • gc28262
    01-29 11:21 PM
    E-Verify was a bargaining chip for Senate Democrats against Senate Republicans.

    What happened was - When Senator Menendez from NJ (Dem.) floated the Visa Recapture Bill; he said that he and other Dems will only support Permanent extension of E-Verify a bill designed to extend it for four additional years; if the Senate Republicans support Visa Recapture Bill.

    But the Visa Recapture Bill didn't happen.
    So, E-Verify also didn't happen.


    However, as a Last Minute "ideal gift" from the Great President Bush to all Legal Immigrants; he issued an Executive order to extend E-Verify till March 06, 2009.
    Therefore, E-Verify is active today in the system.

    Now, House and Senate Republicans want to permanently extend E-Verify after March 06, 2009; especially the antis and yes NumbersUSA.So, they added this amendment to extend E-Verify for additional 4 years in the Stimulus Bill that passed this Wednesday.

    However, the Stimulus Bill has to pass the Senate to become law. Thus, permanent extension of E-Verify has nothing to do with giving Stimulus money to only legal immigrants. It, is just that two immigrant hating politicians added the clause to the bill; in the hopes of seeing it pass. But IT SHOULD FAIL!!!

    Again the question remains, how does it affect us ?

    Are you saying Visa recapture was tied to E-verify in the past administration and so passing E-Verify without recapture will kill the chances of recapture ?

    Situation has changed now. It is a new administration now and power has titled in favor of democrats both in house and senate. Democrats don't have to appease GOP to get any bill passed now.



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  • Prashanthi
    06-23 05:53 PM
    On what basis will you apply for a H-1 transfer, your present H-1 request has been denied. Even If you apply for a MTR you have pending status, based on which you cannot request for a further extension/change of status. You can apply for a new H-1 consular processing petition, leave the country, once approved, apply for a visa from the consulate and come back on the new H-1.





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  • akhilmahajan
    04-23 11:21 AM
    Wow..........

    Thats something really interesting.....

    So based on this, if this holds up, once DOL approves the labor, i dont think USCIS can switch a case from EB-3 to EB-3...........

    If my interpertation is wrong, can you please let me know.......





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  • immieb2
    09-25 04:55 PM
    Good find. I can use this to explain to American friends at work





    gcisadawg
    03-25 04:52 PM
    voted for vamsi's qn....





    belmontboy
    05-22 07:05 PM
    As mentioned by my HR attorney applied my labour application electronically on march 17th and forwarded me a case number starting with c , so i am assuming it was appl;ied at chicago center.

    Its more then two months now i did not have any update from my HR inturn from attorney.
    At the time of aplying attorney did not took any signature either from me or my HR , she said we have to sign at the later stages.

    My fear is I might get a query or it may go into incomplete staus as it was not filled properly.
    I am not sure if it should be filed in that way ....
    Let me know if i am heading in right direction ...

    Signature is not required for filing. u need to sign form 9089 if there is an audit or approval.

    Recent trends for PERM processing are around 60-90 days.



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