Wednesday, June 8, 2011

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  • Berkeleybee
    05-24 11:42 PM
    All,

    Please post send confirmations in the main fax and phone threads listed above.

    Thanks!
    Berkeleybee





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  • karthikdurai
    02-01 09:11 PM
    Thanks MC thats a valid Point.

    There are 2 reasons that I thought of for not applying / renewing.

    1) I'm not planning on going anywhere after / atleast for a year.

    2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

    Appreciate your time.

    Regards
    Karthik





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  • stuckinretro
    02-26 10:21 AM
    You can contact either of the 2 senators of your state. But need to contact representative corresponding to your district.

    But understand that, just because you contact a congressman doesn't mean you miraculously would get your GC. its going to be a long process. Add 3-4 months from the day you contact if the congressional liaison pulls your case for review. If there is a problem with your case they would inform you about it after they review. Note congressman's office cannot tell a federal agency(CIS) what they need to do, they can only inquire on your behalf whats causing the delay. Nothing to do with who is how much powerful.

    Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.

    When in need for I-485 issues, who is better to contact - Congressman or Senator.

    I just want to know the pros and cons of each and maybe this analysis will help others down the line.

    Points to note are:
    1. There are more congressman in a particular state than senators. There are only 2 senators in a state.

    2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)

    3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.

    4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.

    Can members throw some light on this based on their prior experience and based on their knowledge.

    Thanks in advance.





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  • Desi4GC
    08-07 08:47 PM
    Hello members,

    I had a non-traffic citation few years ago, which got dismissed and expunged. I do not have any documents relating to that incidence. I don't even recall the charges. I did background check with Sheriff's office which showed no records.
    How should I present this on form I-485 (question about citation/arrest)?



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  • asiehouston
    12-13 02:00 PM
    Hey Guys, count me in too





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  • shortchanged
    08-28 12:14 PM
    Now that I do have receipts- should I go ahead and stop payment on the 2nd set??

    I would wait until your money is actually deducted from the bank account to be 100% sure that there is no issue with regards to your checks.Then possibly you could ask for stop payments on your check.
    Actually I have read before in UsCIS site that they will try to resubmit the check one more time before rejecting or accepting the forms.So hopefully they will resubmit it again, and since you have reversed your stop payment everything should be OK with your july2 filing. Again it is very reassuring that you have got the Receipts, and that is a sign that it was indeed properly filed, because they reject anything which was improperly filed.

    In my case the money is already deducted from the bank account, and I have check cashed images online. so I have asked for stoppayments,yeah it cost me 150 bucks for 5 checks ouch...



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  • nivasch
    11-28 09:24 AM
    Arnet,
    Yes, though u not use in Port of Entry, still u can use for Work
    That is what i am doing and as i told you, i got 3 year H1 Extension also


    hey nivasch, can you use H1 to work if you didnt use it to enter at port of entry? can you please explain your experience? thanks.





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  • mikemeyers
    11-07 09:35 PM
    Hey Guys,

    I first entered US on F1 and finished my Master's. I have Master's degree from a US University. I only enrolled in this school because I could not defend my thesis in time to apply for graduation so I have to extend it a semester and before visa nos. get over I applied for H1 under regular quota. Hope this help you more to assess my situation. Please share your opinions. I already have a forum on murthy since last two days but I do not see any responses...

    Regards...



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  • parvezns
    01-17 07:36 PM
    Hey All,

    I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.

    Recently, I got my H1b visa extension until 2012.

    I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".

    I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.

    I do hav an employment verification letter obtained from my manager at end client "X".

    I am planning to do my visa stamping while in Mumbai. I have 4 questions :

    1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
    do you recommend me to go to Mumbai for new visa stamping ?

    2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
    Any advice ????????

    3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?

    4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.

    I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.





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  • flex
    10-02 02:23 PM
    Eilsoe - save some of that inspiration for the game.





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  • anilsal
    10-05 04:55 PM
    IV Core.

    Another visual proof of your dedication to the cause.

    Please continue the great work.



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  • Gravitation
    01-04 09:11 AM
    The best course is file I-140 for EB3... after you get it... file for EB2 I-140 and use PD from EB3... It's possible and worth every effort.





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  • saajed
    11-16 02:36 PM
    if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.

    Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.

    I have heard that it doesnt matter if your spouse is on F1 or H1. If one applicant files for I-485, his spouse will be included in the application never the less.



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  • txh1b
    04-16 02:31 PM
    Other option is Try to get from University. They will have the copy for the sure.

    OP already did that and they seem to have purged it as per his first post.





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  • flyingninja
    10-29 03:57 AM
    Hi,
    I have been working on H1B for past 6 years and just came last week to visit Mumbai and get visa stamping. (My Labor & I-140 is cleared in 2009, I am working for my employer for past 5 years). I applied for H1 extension in April 2010 in premium and got visa approval in 2 weeks with no RFE).
    We (I and my wife) have stamped visa once before in Delhi, 2007 with no problems, so this time I was expecting a routine re-stamping from Mumbai consulate. However, the lady at the interview counter asked me few questions and documents such as contract paper between my employer and vendor etc. (I was not carrying it with me) so she gave me a 221 (g) letter with the list of documents they would need to see.

    Petitioner Documents:
    1. A copy of petition with all supporting documents as filed to USCIS (including full I-129, cover letter for USCIS and educational equivalency report)
    2. Petitioners Income Tax Return for the last two tax years and financial statements.
    3. A notarized list of all the petitioners employees. The list should show all employee's name, their specific job titles, start and end dates, their individual salaries, their immigration status, and which project/client they are working with.
    4. State Unemployment Wage Reports, showing all wages paid to each employee in state, for the past three quarters as filed to (this should be actual form filed to the state authorities and wages paid during the quarter) for all states.
    5. A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
    6. A letter from the client company sponsoring the project and a copy of the contract between the U.S. based petitioner and the client company, stating the timing, terms and agreement for your project.
    7. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.

    From the visa applicant:
    1. Certified copies of your comp academic credentials.
    2. Evidence of previous work experience in the petitioned field.
    3. Evidence of extension of legal status in the U.S.
    4. Your federal income tax returns and W-2 forms for tax years(previous 2 years)
    5. Copies of all pay slips and monthly bank statements for the following period (previous 2 years)


    I have done MS in Computer Science from US and got stamped from Vancouver in 2005 and then in 2007 (Delhi with the same employer). I have all the necessary documents for myself (there is 2-3 week of unpaid leave in early 2009). The interviewing lady did mention that my employer has some indicators in the system that he is not in good standing.

    Knowing this, could someone please advise me what are my options?
    1. I am working on getting relevant documents from my employer, do you think I still might run into problems?
    2. I have a direct vendor between my employer and client, I am thinking of approaching the direct vendor to file for H1B and transfer, do you think that could be a problem?



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  • dilbert_cal
    10-31 06:59 PM
    To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).

    1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.

    Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.


    2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.

    Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.

    3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.

    Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.

    Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.

    Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.





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  • GCapplicant
    07-14 11:13 AM
    Yes Why isnt korea facing any retrogressions like us...Sounds like real partiality.
    China is comparitively less than Korea and they face retrogression...unable to judge this partiality.





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  • met3259
    10-10 04:32 PM
    Once you get your GC, you can do what you want when you want. You can work anywhere. Your consulting company nor any company has the right to hold you on any contract whatsoever, unless ofcourse your client has non competitive contract that prohibits you from joining them.

    For naturalization, it does not matter whatsoever. You can say that you were offered a better position that matched your skill set and experience and hence you ("on your own free will") joined another company. And hey, congrats. Worry not. U R much better off. Love your job, not the company!!! And you can work 2 jobs that are not even related. No one cares -

    I also just got GC

    I think that in this case this person can "move on". HOWEVER - I would retain STRONG DOCUMENTATION that this is not your choice and that the consulting firm is letting you go!

    We need to understand this as a group and my attorney tells me that: I am being brought into this country to do this job - I can not simply leave the next day after getting GC on my own accord (unless in very similar job -- as in this case); BUT this is a grey area where we must spend "some" amount of time in the job we are being brought in for -- six months? 9 months? 1 yr?

    My attorney has indicated 6-9 months is reasonable to move on to something completly new (as I have been doing this job for 6.8 years and am tired of it).

    Help anyone???????





    nashim
    07-28 09:35 AM
    If you don�t want to go out of USA then you can apply for change of status to change from L1b to H1 or you can go out of USA and get H1b stamping done.





    h1techSlave
    02-02 10:35 AM
    we must always have a current and valid AP even if we have no plans of travel.

    Last year we were thinking that "1) I'm not planning on going anywhere after / atleast for a year.". Then one of our parents had an accident and we could not go, because there was no valid AP.

    I guess, we can not take any chance on AP or EAD. Apply prior to the 120th day of expiry.

    Thanks MC thats a valid Point.

    There are 2 reasons that I thought of for not applying / renewing.

    1) I'm not planning on going anywhere after / atleast for a year.

    2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

    Appreciate your time.

    Regards
    Karthik



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