Thursday, June 9, 2011

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  • panky72
    06-20 03:01 PM
    Now I have a question?

    My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.

    I am also planning to do that. I think we can do that but I will clarify with my attorney next week.





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  • sanjay
    07-07 08:09 PM
    mbawa,

    We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.

    IV Team


    I will appreciate your action.





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  • h1denied
    03-16 08:17 AM
    I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

    My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

    My current H1B transfer is denied and previous H1B and I-94 is expired.
    Current H1B transfer:
    Start date: Nov-21-08,
    RFE received: Dec-30-08,
    RFE responded: Feb-06-09
    RFE expiry date: Feb-10-09
    Received Denial: Mar-02-09.
    Previous H1B with Employer-A expired: Jan-31-09.
    I-94 expired: Feb-10-2009.

    What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

    If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

    Please guide me asap. Thanking you in advance!





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  • james_bond_007
    04-09 05:24 PM
    I just received the following email from TSC. case status is also updated with a hard LUD. It seems like TSC online system is working again!!!!!!!

    receipt Number: SRC07******

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On April 9, 2009, 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.



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  • sertasheep
    03-07 05:58 PM
    Immigration Voice will conduct conference calls periodically with immigration attorneys regarding issues affecting employment-based immigration.

    The scope of discussion would be around issues pertaining to employment-based immigration law impacting highly-skilled primary beneficiaries as well as their dependents.

    Immigration Voice provides this at no cost to all registered members. Members can benefit from this free advice, and access links to the recordings, transcripts and more.

    How it works:

    - Members email their questions to Immigration Voice (see procedure below)
    - Since this is a pro-bono service from the attorneys at this time, please use your judgment on questions that are time-sensitive and require immediate consultation. Due to the volume of questions as well as availability of the attorney, please permit for more than the standard response time you would expect from a paid consultation
    - During the pre-determined conference call, Immigration voice moderates the call and poses questions to the attorney
    The lawyer(s) would answer accepted questions on the phone call in real time.
    - We would allow one followup question from the person who originally submitted the question.
    - The call and advice would be free to cost to everyone. After the call, the recording would be available for members to playback. If time permits, we will also post the pdf file transcript of questions-answers for the benefit of everyone.
    - The question-answer session does not constitute any attorney-client relationship or any attorney-client privileges. The advice would be given based on information provided in the question which may not be sufficient for a complete answer.
    - Questions that are related to H1, L1, H4, visa-stamping, employment based Green card etc will take higher priority over all other questions pertaining to areas of immigration that are not related to H1 or EB greencard. This is because this organization represents legal highly-skilled employment based immigrants.
    - If your question is received after the cutoff date wherein the attorney accepts questions, such questions will be carried over to the next conference call due to paucity of time.
    - Questions would be considered on a FIFO basis(First In, First Out), and a unique ID will be assigned to each question that will be used through the lifecycle of that question(Real FIFO, not BEC type FIFO).

    How to submit your questions:

    Please read the disclaimer below before submitting your questions via email.Please provide us with the following information, preferably in the following format, and keep it consise and crisp:

    Email with Subject Line saying : Seeking Legal Opinion.
    Email Address: legal_advise@immigrationvoice.org
    Your Info: Please mention your first Name, City and State, so that we can use it to announce your question in the call. That way, your question would be distinguished from similar sounding questions.
    Your Country of Citizenship: If your spouse is from a country other than yours, please specify both your countries of citizenship
    Your Questions: Provide some clear background. Avoid questions with long and complicated case-specific situations that are like "Can I do X? If yes then is option A or option B better? If option A then can I file this? IF option B then can I file this? If B fails then can I refile A?". Such flow-chart and if-then-else type questions would be taken up only if time is left and attorney is comfortable in answering questions with limited information of your situation.

    ------------------------------------------------------------------

    REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email them to us, to minimize the effort taken by us to clean up and send to the attorney. It provides a professional touch if we use formal, business English. (i.e., refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word, among other Word Processors provide excellent spell checkers and thesaurus options to help you with this.

    ------------------------------------------------------------------

    IMPORTANT DISCLAIMER:

    By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer:

    The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.

    IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

    ------------------------------------------------------------------

    Recordings from Previously Held Conference calls:
    These can be accessed at Immigration Voice's Blog on Blogspot.com (http://immigrationvoice.blogspot.com/)

    Transcripts from Previously Held Conference calls:
    Transcripts of previous calls can be accessed here (http://immigrationvoice.blogspot.com/2006/12/check-out-my-public-files-on-mydatabus.html)





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  • vinaypuri
    03-01 05:28 PM
    You should be able too. I am in a same spot as you. I am loosing hope on American GC.



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  • watzgc
    04-22 08:06 PM
    i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..

    Hi Sankar,
    Can one apply for another h1b if h1b extn not come thru and h1b already expired ?





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  • harish357
    03-15 12:26 AM
    I believe that you need the actual diploma (you send a photocopy of it to USCIS) for getting counted in the M.S. quota. Most schools give the diploma once you have finished all requirements.

    How come they cannot consider my EAD, Official transcripts, Graduate status letter?
    Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?



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  • go_guy123
    01-21 10:51 PM
    Most affected are Chinese and Indian members...I don't know much about Chinese but I know from experience that it is hard to get money out of Desis...
    They have a multiplication factor inbuilt in their minds 1$X44 = 44 Rupees!!!
    So sad.
    I am a desi too. So do not get offended.

    Actually it worst for India now (china retrogression is lesser)
    Either way Chinese nationals have other aveues (because
    of communist govt, anti-two child law etc which make asylum cases strong)





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  • k_usa
    12-01 12:42 PM
    Same with me. Mine is also H1 extension with VSC.
    My notice date is 10/31/08 and RD is 10/28/08

    Hello Everyone,

    My employer filed for my H1-B extension and I have already received the Receipt with "Received date" and "Notice Date" of October 21, 2008 and October 24, 2008 respectively." My case is in Vermont Center.

    When I do the case search on USCIS.gov site, it says:

    "Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."

    I found at least one forum member in similar situation. Are there anyone else out there with the similar situation. Just trying to see if this is a unique issue or its happening to few more people. Please drop in a line if you are in a similar situation. We would appreciate it a lot.

    Thanks


    PS: Worthy to mention the numbers and email listed on the error message leads you no where. I wonder why they even have it there.



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  • amitpan007
    06-21 10:15 AM
    I did it few years (i think 4-5yrs) ago at CGI - SFO and it took about 4 weeks.





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  • gapala
    06-04 01:08 PM
    Guys, there is nothing to be excited about for EB folks in this bill.. This appears to help FB folks and in the name of re-union, which is a good thing ofcourse but, for us.. If I read between the lines, I have a bad feeling... Are they trying to re-capture the EB wasted visa numbers along with FB wasted and allocate all those to FB folks? :confused:

    Let the EB folks live this same life?

    God knows...



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  • number30
    03-27 01:47 PM
    Hi,
    I have an EAD and am in the process of buying a business.
    How long do I have to wait in order to apply for GC?
    Tnx
    Geeta05

    If you own more then 5% in the company you cannot sponsor GC for you self or your family members.





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  • H1Girl
    08-31 12:23 PM
    Hi H1Girl,
    Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.

    Sorry kriskris...I misunderstood. I take my words back. Yes, we need Employer help for signing the forms etc since only Employer can file new H1 or H1 extension. Avoid Attroney help just for signing G-28 form. Instead contribute some of that savings to IV if you like.



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  • bibs
    07-26 01:06 AM
    HI
    What are the documents required for EAD application assuming that I-485 application is already filed?
    At the time of applying for I-485, I didnot intend to apply for EAD.But after seeing a lot of application applied during July 2007, I realised that it may take years to get the Green card.So it is better to have a EAD in case if something happens to my job in the meantime.

    Thanks





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  • h1techSlave
    04-16 10:18 AM
    Your employer could be a behemoth and has ironclad policies. But if you discuss your concerns with the HR/immigration dept., you would be surprised to find out how much accommodating they might be.

    I also work for a company which has very strict immigration policies. But we collectively discussed our issues with the management. And they are listening to our concerns and are changing their policies. As long as the changes are not affecting the company FINANCIALLY, many companies would bend even their ironclad policies.

    Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.

    Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?

    Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?

    Thanks.

    Maverick_2008



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  • apahilaj
    01-25 07:30 PM
    yes we can just pray

    Not really...

    Stand up for yourself and please mail the letters if you haven't done so.





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  • factoryman
    06-19 02:27 PM
    don't delay or filing. your treatment is a protocol or SOP. you should be fine

    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.





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  • chi_shark
    06-24 04:28 PM
    i dont think the question is about earning a paycheck. The question is about being employed or not. Perhaps it could also be termed as "being working" or not.

    If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
    Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?





    InTheMoment
    04-03 03:15 AM
    Getting help thro' your congressman/woman (House rep. or senator) is the best way forward for you.

    Each USCIS service center has a dedicated cell handling congressional inquiries on cases. Since your case is well beyond processing times and clearly out of bounds, they do escalate matters thro' the congressional cell at NSC/TSC.

    Doing this should be your first order of business.





    kbsyed61
    04-07 05:35 PM
    Sorry to hear about marital discord. Do talk to your attorney and see what steps needed to be taken further.

    My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.



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