Saturday, June 11, 2011

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  • sdrblr
    07-21 04:23 PM
    We came back on H1/ H4 even though I had valid AP last December. We are travelling again next week and will be back in 2 weeks. Not sure whether it matters what the POE is, mine is Chicago O'Hare.


    When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
    the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
    I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.

    If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.

    One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.

    J thomas




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  • ramaonline
    11-19 03:16 AM
    F1 requires non-immigrant intent. Change of status to F1 may be difficult once you have filed for I140/485




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  • girishvar
    08-12 07:13 AM
    No

    What if no birth certificate was available and we had submitted a non-availability certificate...will that lead into a RFE?




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  • dealsnet
    07-16 09:52 AM
    According to the law, you are not liable to pay it. They can't force you to pay. But if you are out of project and desperate, just agree for the clause and get that job.

    I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).

    I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.

    Any help is appreciated.

    Thanks
    R



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  • ajp5
    11-02 12:31 AM
    Talk to your company Liar (lawyer) first. My non-legal advise is

    1. Ask lawyer to request more time for the RFE
    2. If thats not possible - send what you can. eg W2 , paystubs etc etc. Try to get the client letter from your employer. If you get it in next 10 days, additional evidence is always welcome by USCIS I guess.

    You cannot threaten your employer for something like this. Talk to them & resolve this with the help of your manager.....You have 1 last day ie Monday before last Fedex dropoff time.....reset your stopwatch.......maybe make a movie out of it and post it on youtube:)




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  • krishnam70
    08-27 06:04 PM
    Krishnam70,

    Thanks for the details. I still have some questions and would like to clarify with you.. Was wondering if you could provide me u r contact number or email id.

    Thanks
    send me a
    message will respond to your questions



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  • god_bless_you
    04-06 12:44 PM
    As far i know you should have a valid H1 status or approved EAD to work and keep your status as valid.

    Once you start working on EAD there may be gaps with next EAD approval.
    Simply you will not claim working during that period but this is possible only after you start working on your first EAD.

    simply if you do not have a valid H1 until you get EAD and claim working on EAD with your Employer by filling W4 forms etc. you will be out of status..

    Please check with a attorney on this!!




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  • smuggymba
    09-17 11:19 PM
    FB spillover from a year gets added to overall EB quota of 140K for next year. And each category gets its proportional share of the spillover.

    do we know how much it is for this year?



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  • sonia_sd
    02-11 09:16 PM
    I just signed the petition




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  • MeraNaamJoker
    09-15 01:30 PM
    First thank GOD for pulling you out of this mess.
    Instead of blowing the money in strip bar or any place like that, send it to India and ask them feed any orphans. You will be blessed more......



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  • mnq1979
    05-14 08:13 PM
    I have couple of questions and would like GURUS to reply:

    1) Can any one tell me that what triggers the Employment RFE. Like in what instances the USCIS sends the RFE for employment verfication.

    2) I am not working for the employer who sponsered me for the green card, but i can always get the letter from him stating that the position for which he sponsered me is still available.
    If i get the employment RFE will it be OK to send the letter from the employer who sponsored me or do i have to get the letter from my current employer.

    Please shed some light on it. !!!!




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  • needhelp!
    03-28 01:30 PM
    Thanks to the volunteers putting in the efforts to work on this. Soon everything should be smoothened out.



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  • GKBest
    08-23 11:23 AM
    This has been bugging me for a while now. I applied for I-485 in July 2007.

    I do not have copies of all H1 approval notices ever issued. I do not have all of my I-94s ever issued.

    Per attorney's recommendation, I applied for duplicate copies of I-797 but that will take a few months.


    I am wondering what I can do if USCIS asks for all I-797s and I-94s since first ever entry to prove that I have always been in the US legally.

    Any thoughts.

    Don't want to waste anyone's time. If anyone has been in this situation or knows of anyone that was in a situation like this..that would help.

    I want to be proactive and get other documents ready if that is what it'll take.


    USCIS should have all the records in their system. I guess that are refrained from asking RFEs if they can find it in their system or cross check it with other agencies.




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  • ck_b2001
    07-19 10:54 AM
    guess what i have a question. this is what happened. we are married in india quite sometime back, however, we had no marriage certificate and could not get one from india after trying for a long time. so we got married again here itself some weeks back. we had been filing tax as a couple until now. how to amend that?

    you are in a country where marriage is not required to live together. I bet many couple file tax jointly even though they are not married officially so you should be okay.



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  • prom2
    07-22 12:03 AM
    You are saying as if one has a choice.
    If you file before August 17 then you have to pay the old fee. If you apply after August 17....

    This is correct




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  • vicky007
    05-10 12:16 PM
    Sorry, the link is not working anymore.

    But here is the complete report of the proposed measure:

    WASHINGTON - Employers would have to check Social Security numbers and the immigration status of all new hires under a tentative Senate agreement on toughening sanctions against people who provide jobs to illegal immigrants.

    Those who don't and who hire an illegal immigrant would be subject to fines of $200 to $6,000 per violation.

    Employers found to have actually hired illegal immigrants once an electronic system for the checks is in place could be fined up to $20,000 per unauthorized worker and even sentenced to jail for repeat offenses.

    What to do with people who hire illegal immigrants has been one of the stumbling points in putting together a broad immigration bill that tightens borders, but also addresses the estimated 12 million illegal immigrants now in the United States.

    Congress left it to employers to ensure they were hiring legal workers when they passed an immigration law in 1986 and provided penalties for those who didn't. But the law was not strictly enforced and the market grew for fraudulent documents.

    Senate Republicans and Democrats are hoping this week to reach a compromise on more contentious parts of the immigration bill so they can vote on it before Memorial Day.

    The employer sanctions were negotiated separately from other parts of the broader bill after some senators raised concerns about privacy of tax information, liability of employers and worker protections.

    Employers are wary of the system Congress wants them to use and say it would be unreliable.

    "What's going to happen when you have individuals legally allowed to work in the United States, but they can't confirm it?" asked Angelo Amador, director of immigration policy at the U.S. Chamber of Commerce.

    Critics say expanding a Web-based screening program, now used on a trial basis by about 6,200 employers, to cover everyone might create a version of the no-fly lists used for screening airline passengers after the Sept. 11, 2001, terrorist attacks. Infants and Democratic Sen. Edward M. Kennedy (news, bio, voting record) of Massachusetts were among people barred from boarding a plane because names identical to their own were on a government list of suspected terrorists.

    "This will be the no-work list," predicted Tim Sparapani, attorney for the American Civil Liberties Union.

    Last year, employers in the trial screening program submitted names and identifying information on more than 980,000 people. Of them, about 148,000 were flagged for further investigation. Only 6,202 in that group were found to be authorized to work.

    U.S. citizens could come up as possible illegal workers if, for example, they change their last names when they marry but fail to update Social Security records.

    All non-citizens submitted to the system are referred to the Homeland Security Department, even if their Social Security number is valid.

    A bill passed by the House would impose stiff employer sanctions, but does not couple them with a guest worker program, drawing opposition from business. The bill also would give employers six years to screen all previously hired employees still on the payroll as well as new hires — altogether, about 140 million people.

    The Senate agreement proposes screening all new hires but only a limited number of people hired previously _specifically, those who have jobs important to the nation's security.

    Negotiating the Senate agreement are Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana.

    Their plan would give employers 18 months to start using the verification system once it is financed. It would create a process for workers to keep their jobs and be protected from discrimination while contesting a finding that they are not authorized to work.

    To check compliance and fight identity theft, the legislation would allow the Homeland Security Department limited access to tax and Social Security information.

    The Social Security Administration, for example, would give homeland security officials lists of employers who submit large numbers of employees who are not verified as legal workers. The Internal Revenue Service would provide those employers' tax identification numbers, names and addresses.

    Social Security also would share lists of Social Security numbers repeatedly submitted to the verification system for different jobs.

    The senators also want to increase the number of work site investigators to 10,000, a 50-fold increase.

    President Bush asked Congress in January to provide more than $130 million to expand the trial system. That's not expected to be enough.


    Once the above plan is agreed to , the senators will be able to come to a way out of the present CIR impasse.

    "Report indicates that the Senate leaders have been working on contentious parts of the comprehensive immigration reform proposal as separate from the whole bill to crack the logjam. For instance, Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana formed a team to negotiate the Senate agreement on the employer sanctions for hiring illegal aliens, and successfully reached an agreement".



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  • friend99
    08-11 11:25 PM
    I did submit copy of my BC which had 20th August as the date. :(




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  • perm2gc
    12-16 07:41 PM
    I would like to know some details about EB3.

    Currently the priority date for EB3 India is May�01.

    My PD is Mar�2004.

    When no reforms happen, how long approximately it will take to reach my PD.

    I know it is based on how many people applied, yearly and per country limit. Can any one guess or possibly know how we can find about these details about movement such that how many people applied, if it goes on the same speed then how long it will take to move from one year to next year. Can anyone guess?

    Thanks
    10Yrs is my guess.:D




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  • ncrtpMay2004
    07-03 06:38 AM
    Got appt notice (for 7th)
    2 days later appt cancellation notice
    5 days later got a new appt notice (for 22nd)




    kalyan
    02-12 01:45 AM
    The statistics showed that $39Billion were sent to India by NRI's (not including enterprises) for 3 quarters of 2008

    I believe 70% of it might be from US. I have a smalll share in it.

    Without EAD insight, job at risk, i dont see any reason to invest in US either in House or new Car.

    They should give some incentives to Legal Immigrants while the Illegals use free state subsidies, they provide most thing illegals than Legals




    needGCcool
    09-03 10:46 PM
    My PD is current - Going for consular processing a good idea?

    i dont know how much u...but changing the option is not like picking a different item from menu..............this requires a lot more documesnts + time..........



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