Saturday, June 11, 2011

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  • bsbawa10
    08-14 10:03 PM
    Idea is good. But, I can see the rows being edited every now and then. So, how secure is the data really?

    It is not secure, all forum people have access to it.





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  • a_yaja
    12-16 05:45 PM
    Why do you want to get the visa stamped for your old employer (Employer A)? The Chennai consulate will know that you have a newer H1B with a different company. Your attorney is correct in that joining Employer B as soon as returning from India shows false intent. USCIS could interpret that as fraud and you could be putting your GC at risk (this is just an extreme possibility - but anything can happen).

    You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).

    Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.

    Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).





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  • bsbawa10
    02-12 05:22 PM
    I would love to, as it will help IV community also, but unfortunately it is not very easy in a company to request change of lawyer when the lawyer is good one. I see from many comments here that the Chugh Firm is a good one. And the employer also feels the same. So what grounds can I request them change their processes which they are following for nearly 200 employees. It will be hard. Cant even ask..

    You are right. For a good lawyer, you should not ask to change, but for bad one for sure you should. I never questioned my company's lawyer who is from Chicago. The worst lawyer ever possible: never replied to email, never responded to phone and never communicated: what she was doing. She filed my case in EB3 without consulting me or my knowledge even (I had two Masters and international research) and I came to know about it many years later when I thought I could be getting green card any day and guess what i came to know that not from the lawyer but from USCIS.





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  • Mount Soche
    10-23 06:12 PM
    I applied on July 16th & got EAD on Sept 24th.
    No news on AP & biometrics.
    Other coworkers who applied at same time have mixed results - 2 got only fingerprints, 4 got EADs, 1 got EAD & AP. I think it is all random



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  • srikondoji
    07-23 02:15 PM
    Why the heck you want to track, if there is no significance?
    Wastage of time and server resources.
    Please stop/limit the nonsense.

    For rest of the folks......
    Don't ask for cashing of cheques, receipts for july filers etc. When such a thing happens, people will shout out with a new thread anyways just to highlight it.
    So, please don't start the threads for now.
    Thanks

    There is no significance, just to track





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  • ag11
    09-04 04:08 PM
    In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.

    Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.

    Are we in real United States of America? So much of hate around.

    Which service center was your friend from? California Service Center is said to be the most restrictive one and they have been giving out H1B only for the duration of contracts. This doesn't make any sense as who in this consulting world and in this economy can give a commitment for a full 3 years of H1B extension. Vermont is supposed to be more liberal as compared to California, but we can never tell.

    My company filed for a 7 yr extension of H1B and I received an RFE. RFE has become the norm for H1B for 90% of cases for all consulting companies. My lawyer was smart to predict in advance that I should expect an RFE.

    On POE, many of my friends have been harrassed recently. They have been racially profiled and questioned. Better to have all your documentation with you. You might want to condider visiting the immigration office to explain to them that the date on i94 seems to be a mistake as the visa is for 2 full years. They did the same mistake on mine with the year, but I point out right there and he corrected it.

    Good luck



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  • imm_pro
    08-18 01:53 PM
    The change of status from H4 to H1 is usually effective from OCT 1..so the H4 visa is no longer valid..





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  • Can2004
    08-03 10:19 AM
    How often is finger printing required/asked for during the 485 process.
    Thanks



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  • logiclife
    06-21 06:25 PM
    I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
    her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
    on that assurance she left for India on September 15 and came back on Dec 28th and
    on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.


    Does this mean H1 is Invalidated as per Last Actions Count Rule.

    She has been working on H1 since then (not regularly though)
    and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006

    Has any one gone through the same situation.

    Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.


    One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.

    another one says she should file for H4 and quit working.

    She is totally clueless please help.

    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.

    Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    --Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.

    Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.

    Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.





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  • godbless
    07-20 06:03 PM
    Do we need to send the original i 140 or just copy of I 140 is fine ? I mean do we need to send original I 140 to USCIS at any point in the 485 filling?



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  • vroapp
    02-23 08:56 AM
    it would be mentioned on the VISA. not all sub-categories of J1 are subject to HRR. hence your friends' wasn't.

    "By the way, her research:
    - Is not funded by any govt. agency
    - Has nothing to do with medicine"





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  • devikas81
    02-09 01:31 PM
    Hi arikris,

    I was similar situation like sduddukuri and u, me and my wife went to india and get our Visa stamp done, it was very smooth,
    all of us case looks like similar, Instead of speding time here and open MTR- its better to go to india and get the stamping done..

    Thanks,



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  • pom
    10-02 06:11 PM
    Nice one, Flex. But I couldn't dowload the fla :*(





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  • aovivo
    04-15 02:52 PM
    hey ! anyone have some plugins of PhotoShop for use in Fire Works ?
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  • goel_ar
    05-01 09:29 AM
    I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.

    1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
    2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?

    Thanks,
    Ag





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  • vik123
    01-18 08:57 PM
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  • GCWhru
    06-24 09:16 AM
    Xgoogle,

    I am in the same boat. I believe you can go ahead and start your full time study, Now I don't think your wife's case is pending based on your work, since you already got your GC.

    Even in the worst case you can sponsor your wife with your GC status. I was kidding my wife that I become UC and sponsor her.





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  • pappu
    09-01 09:52 AM
    You need to connect with company A and get your documents to prove 2 year experience.
    There are 2 important aspects of I140 where applications get RFE or denials.- Qualifications of applicant and Ability to Pay.

    It is good that you do not have any stake in the company and do not have any family relationship with the owner.You need to understand what are the reasons for such RFE since you know your case better and accordingly prepare a response.

    If you show 2 year experience you will be covered as per your RFE.
    For ability to pay, you will need to post the company B turnover, number of employees, profit, liabilities, VC funding if any... there is a lot here that one needs to know to file a proper A2P response. It can be done. You need to talk to your company, Talk to a good lawyer and a CPA if needed.

    now looking at your RFE, you may also want to find out the past history of your company (any past RFEs, denials, any labor subs [yes labor subs are important now to know.]).

    You definitely need a good attorney. Yours is a big RFE and forums cannot give you answers. None of us are lawyers so we cannot give you advice. Our views are based on our own reading and experience on forums. You do not want to take chances with an important RFE. It is not difficult to handle. I have seen much difficult RFEs. Good luck.





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  • miguy
    07-19 10:18 AM
    It depends on the hospital's immigration knowledge. Most of the hospitals in the NY/NJ/CT/MA/CA where there are a lot of immigrants are aware of EAD.
    So they prefer EAD over H1/J1 as they can avoid the process of application.
    This is from my personal experience. Some states like Maine, New Hampshre are not even aware of EAD. In such hospitals you can take a chance with the expectation of getting a Green card and convince them with the Social security number. Also apply for your social security number once you get your EAD. This really helps if you need to convince the hospital.

    Overall having an EAD is a big plus when compared to H1. NEVER go for J1. The waivers are very difficult to get and you'd have a lot of mental tension. I dont think its worth it, if you are planning to stay in USA. My wife stayed home for a year, when she was matched for a J1 hospital. She again applied the next year and got a H1.

    Thansk for your reply. In the Residency application(ERAS), there are two categories:

    1) Visa - J1, H1, EAD etc
    2) No Visa requirement - Green Card/US Citizen.

    If we check EAD, they will think that we need a visa which we don't
    If we check Green Card, technically we do not have our green cards yet

    What is the best thing to do?





    digmetalq
    04-15 02:14 AM
    Cathay Pacific I'am sure, because the last time i travelled from SFO to Mumbai and back to SFO, mothers were holding their babies trying to pacify their babies, it was like all the babies were crying in symphony one after another, not a single passenger complaining, better than any other airline, if you have a family of children and elderly, I also got up to strech my legs, not one flight attendant came and asked me to seat at my designated space. you feel like home. That is my experience.





    sidd_k2002
    02-10 08:16 PM
    Guys i need some more information than this, and this is really urgent.Please share your views about this. I am really worried.



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