Thursday, June 9, 2011

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  • kevinkris
    07-29 10:34 PM
    Hi All,

    We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
    We are planning to go in August 2007 itself.

    Lets say if our h1 extension is rejected or some issue what will be our status?
    Can we come back to US and plan for our india travel or we have to leave to india from there itself?

    I heard that mexico has different rules?

    Thanks for your help.





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  • hydubadi
    03-31 02:13 AM
    Hello frnds,

    Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.

    Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.

    Please let me know if any one was in this situation and got out of it successfully.

    Thanks,
    Hydubadi.:confused:





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  • rameshraju11
    11-01 06:03 PM
    Hello,

    since your H1b has not been rejected yet , you still can re-file H1b at the same time
    call USCIS and request for additional time for RFE and send RFE documents for the
    original H1B

    tx





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  • kaisersose
    07-31 06:00 PM
    The Family GC option is only available to unmarried children. Now I do not know how this applies to your mother, but even if she can change her status to something else, it may impact your status assuming you are in the US now.

    Anyway, it appears we have hardly any details of your case. Best to consult an attorney.



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  • diptam
    02-18 05:36 PM
    Look, the law is that the H1B employer must pay the promised LCA to the employee where he/she is in Project or out of Project or playing or vacationing or training .... As long as the employer doesn't terminate the employment they are supposed to pay the minimum wage.

    If they don't pay and neither terminate - its a illegal thing. I completely understand what you are asking :)

    when a person is on H1B and out of project and no paystubs, Will there be any issue with 485 processing.





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  • bbct
    02-11 09:05 PM
    Works now and submitted the petition.



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  • ckumar
    10-12 12:15 PM
    Even I was in the same situation till yesterday. I'm a July 2nd filer @ NSC. I got my receipts for I-485/EAD and AP only yesterday. I had to call the customer service and get these numbers. So there's still hope. Hang in there guys. Your receipts should be coming out soon. I'd advice you to call up USCIS and ask them for the status. Good Luck to everyone.





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  • GCwaitforever
    08-15 11:04 AM
    The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.

    To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D



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  • meridiani.planum
    12-17 06:23 PM
    Sorry I was away from my computer for a while.

    Thanks for all your help Guys.
    We are talking to Lawyer, Murthy law today.

    It's an employment based.
    This case of I-485 is 2004.
    We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.

    Hope Lawyer comes out with something.

    THank you all
    Great help and moral support from all of you at Immigration VOice.

    curious: have you hired Murthy's lawfirm now or have they been handling your case all along?

    Do keep us posted on this. All the best! Hope it all works out for you...





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  • dharmesh.pariawala
    01-08 02:50 PM
    This gives me hope that atleast this bill will be picked by by March.



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  • chintu25
    03-26 11:37 AM
    Not accepting votes now ???





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  • BornConfused
    07-03 09:47 AM
    Ha, congratulations to you, I'm happy for you!!



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  • MDix
    09-18 10:05 PM
    How do we know that there would be more FB Visa. This allocation is by law and whatever left by FB get distributed in EB.

    Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.

    Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..

    Lets find out if there is any thing in law.





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  • nosightofgc
    08-16 07:53 PM
    First make sure if that was an arrest record or some thing else. During the interview process, they will ask the standard questions on I-485 form, which are like have you ever been arrested etc. Even though your lawyer may not present, you check with your lawyer what to answer for those questions. Even though you may not be knowing exactly what it is, it is better to get it clarified rather than learning during the interview process.

    Thank you all!. In my case only issue I can see is, when my wife travelled from India to US, at the port of entry customs check, they found some meat products. And they charged fine of $300 and we paid it. They also took copy of her passport and gave a letter (name is: Department of homeland security. U.S customs and border protection. Notice of alleged violation)

    It was my wife's mistake actually, she did not declared meat products in customs form.

    In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?



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  • go_guy123
    09-08 03:39 PM
    points mentioned in posts 2,3 4 and 5 are 100% correct.
    points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
    Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.

    Friends,
    Green card dream is over. Now it's the time to get back to India or other countries.

    uma001...you are very correct. The GC thing is over for India born applicants. The EAD people due to July 2007 fiasco will be in AP status for many many years
    to come.
    Had the July 2007 not happened, a whole lot of EB - India cases would have
    been finished by now due to job losses. So in way the July 2007 is a massive lifeboat for many EB2/3- India applicants.
    Economic cycles are around 7/8 years or so. There will be a recession again after around 8 years. EB2/3_India backlogs are longer than economic cycles.





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  • new2gc
    06-24 04:05 PM
    to take appointment that close to the arrival date. What if your flight cancelled or delayed?
    I know it will eat up at least 3 days of our vacation if we have to travel from hometown to these cities, but I feel we have to factor in while planing our vacation.


    What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
    Thanks for your help.
    jignesh



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  • mermaid2084
    11-21 04:18 PM
    Thank you very much for your responses.

    I would appreciate if you could send me the contact details of USCIS. In addition I have the following concerns:
    - Will I be allowed to move back to my country with out I-94?
    - Will fileing I-102 help?
    - Should I make a police complaint regarding this?





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  • ftbakhru
    06-18 03:07 PM
    My experience is that interview dates for Nov won't show up until Oct.





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  • desi3933
    06-30 01:56 PM
    ....
    I can work in the Software company fulltime but at the same time can work in a motel part time, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

    Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

    Mr./Ms. P. Saxena -

    Each H-1B must be for specialty occupation, whether job is full time or part time. Beyond that, it does not matter whether job is classified as "Highly Skilled Labor" or not.

    USCIS - What is a specialty occupation? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)

    Hopefully this clears your confusion,

    Have a good day!

    desi3933





    sixburgh
    06-28 05:50 PM
    Read carefully. It says 'However, there is an exception for people in H, L, K or V'. You are not on H1 right. That condition won't applicable for you.

    I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.

    Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?

    Sorry to be a pain.
    I am just trying to understand this properly.
    I do not intend trouble.
    Any replies that you guys are giving is very much appreciated.





    sanam9696
    07-20 07:16 PM
    Thanks everyone for replying.
    However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says?
    I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap?
    I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me.
    I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations.
    Please advice.

    Thanks very much,
    Sick with worry.

    Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..



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