Wednesday, June 22, 2011

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  • guyfromsg
    07-26 06:49 AM
    Cousin came to US on B1 and found a job, company applied for H1B (non-profit, so no quota). He received I-797B w/o I-94. So he has to leave the country and get it stamped.

    Question is, can he legally work on H1 till the expiry of his current I-94 valid till Oct'07. When doing conversion from one visa type to another is there any restriction on working without re-entering on H1?





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  • logiclife
    02-03 04:33 PM
    greatly valued.

    Please contact black_logs as he is organizing the drive for meeting the lawmakers. I guess you may have done that already, but if not, please do so. Your experience will help us a lot.

    IN the meantime, please feel free to use webfaxes.

    --logiclife.





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  • kirupa
    04-08 01:51 AM
    Just for fun - there is no real purpose behind it besides seeing what all of the members can come up with. I'm working on the kirupaLab page, and I'll have the current entries displayed there shortly :)





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  • gsc999
    07-24 06:23 PM
    Thank you malagcpahije!!!

    You have the guts to see somebody's pain rather than the cause. That requires a big heart! Appreciate that!!

    Will, mala and others in similar situation,

    Thanks for bringing up this discussion. IV has been pretty strategic when it comes to setting our goals. Unlike other organization where the goal posts are set based on "volume" alone. Our goal is to help all legal employment based immigrants, irrespective of the status e.g. EB3 vs EB2, China or Mexico etc.

    As luck would have it, events since July 07 have helped, from your perspective, people taking AOS route, and you acknowledge that yourself.

    If you are asking that IV should now re-frame our message, and talk specifically about CP applicants, that might be tough. Having said that, let me assure you that if we are successful with our major goals, that will help pave the way for you securing your permanent status sooner too.

    Also, if you still think there is some more that needs to be done, I don't disagree with you. We are a volunteer organization and if you want IV to pursue an idea you have to champion and sell that idea to other members and get their buy-in.



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  • leoindiano
    07-10 09:17 AM
    How about flowers and a note to CNN CEO Ted Turner and Lou Dobbs?





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  • rameshvaid
    05-05 09:53 AM
    For Indian citizens, the Indian consulate will issue a certificate that says that they have no conviction record on file. It is a piece of paper. But then they will also stamp your passport saying something like "PCC issued".



    If your home country is India, then you get it from the "Indian" consulate. If your home country is not India, then you need to look up the process for getting the police clearance certificate; it varies from country to country (e.g., for China, it has to come from China).

    We also got our PCC's issued by Indian Embasy in 2005 but nothing was stamped on our passports.(they might have made some changes now). Make sure you apply in advance as they take about 2-3 months. Having PCC will not cause you any problems even if it is stamped on PP.

    RV



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  • roseball
    05-22 02:50 PM
    Hi Thanks for the reply.

    I haven't applied for COS. Further I have traveled to US on my L1 after getting the H1 petition approval. Currently I am on I-94 issued on my L1.

    Please advice if this incident is going to impact my status in any way. More so is it going to put a bad mark, when I am going to file a fresh L1/extend my current L1 later this year.

    Thank you again

    In that case, you can continue to maintain your L1 status and extend it. The reasons your H1 could have been revoked could be a) you chose to enter US on L1 status after your H1 was approved b) Your H1 sponsoring employer is under investigation and they believe they might not have a position open for you anymore c) From your answers, they might have come to a conclusion that the H1 sponsoring process might have been fraudulent (I am assuming this based on your comment that you goofed up while questioning) d) You no longer showed an intention to convert to H1 in the near future.

    AFAIK, this should not impact your current status or your L1 extension in anyway.





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  • rabs
    07-19 09:59 AM
    Posted on immigration-law.com

    "Unlawful Status" for I-485 Applicant Failing to Maintain Nonimmigrant Status in the USCIS Consolidated Memorandum on "Unlawful Presence" Pushes Immigrants to Confusion and Edge

    * Some employment-based immigrants have read "out of the context" the part of the USCIS recently released consolidated memorandum on unlawful presence that defines I-485 waiters not maintaining a nonimmigrant status as "unlawful status" and who are subject to removal proceeding, pushing themselves into confusion and fears. In fact, this part of the consolidated memorandum is nothing new in that all along it has been the law that the I-485 applicants who fail to maintain a nonimmigrant status and stay and work on EAD are not nonimmigrants and "not in status." Since an alien in "not in status" (unlawful status) can be subject to removal proceedings, there is nothing wrong with that part of the consolidated memorandum. However, these readers missed another part of the consolidated memorandum that states that because of prosecutorial discretion and related rules, such I-485 applicants are considered "in authorized to stay" (lawful stay). The language "in authorized to stay" not only means that the unlawful presence that triggers bar to admission is "tolled" but also means that such aliens will not be prosecuted for the unlawful status inasmuch as they are in a valid I-485 proceeding. Flip side of the coin of this law is that since such alien is not "in status," once I-485 application is denied, they lose the basis of the "in authorized to stay," and the government can initiate the removal proceedings unless the aliens depart from the country voluntarily. For the reasons, some I-485 applicants have strived to maintain a H or L visa status adamantly against the potential denial of I-485 applications, but it is completely different issue from current misunderstanding within the employment-based immigrant community that the government can start removal proceedings simply because their status is unlawful and they can be subjected to a forced removal from the country simply because they decided not to extend their nonimmigrant status pending I-485 applications. People should stop panicking on this issue.

    When I checked this message in immigration-law.com, I found a new line added at the end.
    "Those I-485 waiters who stay and work on EAD rather than H-1B or L-1 visa status should make it sure that they religiously extend their EAD and Advance Parole not to violate the conditions and eligibility for I-485 applications!"

    This line was not before. Does it mean that we need to extend our AP even if we don't have any travel plans ????? :mad:

    Experts please advise.



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  • bigboy007
    11-23 02:01 PM
    yesterday I returned safely from work, no accident. I drove at about 60 miles per hr. on highways and about 20 MPH in the town. But overall a good driving experience, no hassles. I carried my driver's license, I saw few police patrols on the way, but they didn't stop me and didn't ask me for my license. Very cool...everybody can drive now.
    peevish... Open a separate thread "Driving experience from Office to Home"





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  • unseenguy
    06-16 11:05 PM
    Who are they to review and certify India? Irrespective of your political spectrum say cheers to the Govt of India.

    Rub it in baby! yeah! Felt so good as a response to 221(g) issued by american consulates.



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  • Dipika
    08-01 11:49 AM
    To get an IO from Nebraska, you need to follow this sequence for calling.
    ......

    This is POJ method for Nebraska. What sequence to call for Texas Service Center?





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  • pappu
    01-21 01:24 AM
    Can someone explain the
    - Benefits of ROTH IRA vs IRA
    - Keeping the money in 401k at this time of the economy vs converting to IRA
    - Tax benefits when keeping money in IRA accounts
    - Any recommendations on what companies to consider for investment in such accounts.



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  • crazyghoda
    05-06 07:16 PM
    ....will the Indian govt have guts to stand up and ....

    Best joke I heard all day.





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  • Well-Wisher
    05-07 06:26 PM
    Mine shows April 2009, and the fancy circles show at "Initial Review".
    I guess pre-adjudicated mean, its just waiting for visa numbers, but what about the FBI/Name check? when that will happen?

    As it sounds �pre-adjudicated waiting for visa number� means application is subject to visa number availability and it has already gone through all other checks and has passed all formalities including name check



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  • snowshoe
    07-25 09:37 AM
    Further....the AR-11 form has nothing to do with address changes on pending cases.

    If you need to do changes for pending cases especially where you expect direct communication like EAD's/AP's/finger printing notices/the actual I-551 card...do that ON THE PHONE ... and have the CS Reps read that back to you...!

    I have heard people getting a mail in a few weeks confirming the address change after that little powwow on phone with USCIS.

    Our attorney's paralegal did the address change on the pending apps for me and my wife, she also filed out AR11 in the process.

    She had changed the address on 6/20 and just yesterday I got a confirmation letters (one for my app and one for wife's) from USCIS confirming that the address has been changed on our applications.





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  • rbashir
    10-09 12:02 PM
    http://chennai.usconsulate.gov/work_visas_h_l.html

    Scroll down to the bottom of the page to see what Chennai Consulate lists as the required documents for H4 and dependents. It does say that H4 visa petitioner should have copies of all 36 pages of H1b holder. How ever it doesnt say whether it should have a valid visa for H1b holder or not. As your I 797 will have your wife's name on it, she should be able to get through the interview. I mean she shouldnt be held for that reason. I checked Islamabad website but it doesnt have any reqd doc list. How ever send an email to them
    on the webpage listed. My emails to chennai consulate were returned promptly.

    http://islamabad.usembassy.gov/pakistan/niv_non_immigrant_visa_faqs.html

    Calling National visa center might give you more info too.

    What does your lawyer say?

    Thanks Nixstor for your prompt response, my initial userstanding about the visa stamping is the same as you have just explained. I will definitly write and email to the Isb consulate to get more information. My lawyer always uses the devil's lawyer approach and he always showed me bad side of the picture and in this case too he told me the bad side,so I got a liitle worried about it, for this reason I am asking this question in the forums here to get the first hand knowledge from any body with the similar situation and experience. Also can you please guide me how to get to natioanal visa centers, I have never heard of them before.

    Thanks



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  • sobers
    07-19 09:25 AM
    you know, there is an irrational fear among some that if there are no country caps then folks from India, China, Philipines and Mexico would eat up their visa numbers. This is totally false. What it will do is transfer the unused numbers to these oversubscribed countries - numbers which would have been wasted anyway as there is no recapture mechanism.

    No one is whining but clearly this is an illogical employment-based system that spawns de facto discrimination. I can't say whether this is intentional or not, but clearly that is its impact. Already the US has the diversity lottery which is solely based on national origin. No requirements for family ties, or skills, or potential contribution to the economy (do you know that folks from India, China, Philipines and Mexico and some other countries cannot even participate in that??)

    On the other hand the underlying rationale of having the EB system in the first place is the first place (just like H1) is to get people with the desired skills/education contribute to this country. Question: Does it make sense to have an national origin H1 quota? We all know the H1 is a stepping stone to GC, so what sense is there in a national origin based EB quota then? And last of all, is it fair to people from I, C, P, M?

    Team IV: I suggest we have a IV poll on whether the current country quotas for EB immigration are fair.





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  • vladdrac
    06-11 01:56 PM
    cool, yeah. I saw that and was like...wth?





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  • laborpains
    01-06 07:16 AM
    abhi Dlilli door hain....took an infopass today ...they said Nebraska processing center will be issuing new finger printing notice. It will take 4-6 weeks to reach and then after the finger printing the processing will be completed. The IO officer told me that the finger printing notice is generated once the priority date of that particular case becomes current not before that.My last finger printing was done back in Sept 2007 after one month of filing the 485. This time when I get the finger printing notice the dates will probably retrogress again back to 2001...who knows...

    my embarrasing saga continues........I believe I will retire befor I get my GC

    good luck to u all

    ~dask

    dask, do not get disheartened. As soon as you get the fp letter do not wait until the date they gave you for fp appointment. You should find out the days on which your local USCIS fp site has walk-ins and just go there. I think they have walk-ins on wednesdays but you should check.

    best...





    Saralayar
    04-03 12:42 PM
    Hi,

    I applied for FOIA and i got the receipt, but all they will send me is a photocopy of my approved I-140.

    I already have a photocopy i dont need another photocopy.

    I need the original I-140 that is on a paper like original 797 with the watermark etc on a orange uscis paper.

    Did you get a photocopy on a plain black and white paper (or) did you get something which looks like original ??

    Please reply...
    Why do you need the original?. It is not at all necessary for any issues.





    GCmuddu_H1BVaddu
    09-15 09:26 PM
    I know, please check with Dada Kondke. I like one of his titles from 1985 (Andheri Ra......................).



    Greetings. I am new to this forum and hope I can gain more insight on an issue of concern for me.

    Sadly, I have a cousin who is concerned about his wife losing her green card at any time in the future. She apparently married her uncle and got a green card. She then petitioned her mother to come. She has since become naturalized. Now here is the catch.

    Her uncle original came under petition from his mother (her grandmother). I already stated that she petitioned her mother. However, when her mother received the visa, she had to fill out paperwork and listed her mothers name.

    I am surprised the immigration process didn't hit a snag with a cross-reference hit. If her mother listed her own mother on the paperwork and she married her uncle who was brought by the grandmother, shouldn't immigration have discovered this discrepency?

    My ultimate question is as follows. What are the chances immigration will do a post-naturalization audit. I don't even know if immigration does audits on anykind of frequent basis. I imagine with the staff shortages, there just wouldn't be the man-power to go back and check people who have already gained green cards and naturalization for that matter. Or maybe perhaps as immigration updates their cross-reference programs that they might review all past cases for possible snags.

    Any feedback would be appreciated.



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