Sunday, June 26, 2011

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  • Arvin_H1
    08-18 10:11 PM
    I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

    I have few questions for the experts here.

    1. Is it possible for me now to apply for new H1 thru some other company?
    2. Can i re-appeal the decision and stay here legally?
    3. Are there any good attorneys that can give me good advice for me to take the next step?

    Please let me know.. This is urgent for me right now.

    Thank you all.





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  • redcard
    01-19 01:08 PM
    Here is my understanding:

    Situation 1-

    1. Get New Visa Stamped:

    If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.

    Situation 2

    2. No New Visa Stamped and entering on the old visa

    I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..


    Hope this helps..





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  • gcformeornot
    10-12 02:16 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest

    maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....





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  • priderock
    09-01 01:49 PM
    Got the email this morning...

    EB2I
    PD : 10/04
    RD : 07/02/07

    Beat the 10 year deadline by couple of months :)



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  • H1B2GC
    09-30 07:24 PM
    Option 1:
    You could write a letter to USCIS to let them know that this attorney who filed your I-485 does not represent you anymore and future correspondence be addressed to you directly and also to revoke the G-28. You will not get any letter from USCIS confirming that your request was processed.

    Option 2:
    You could hire a new attorney to represent you. In that case he would file a new G-28, the USCIS does send a letter confirming that they accepted your new attorney representation. Meanwhile, until this happens, all the correspondence will go to the old attorney who could potentially screw up your case.

    If you are lucky enough and don't get a RFE till the new G-28 is accepted, You are SAFE. Also, any attorney you hire will charge you the FULL fees for I-485 filing that will be at least $3000.00 plus additional $5000.00 (If your case gets complicated). My best bet for you is to use option 1 and save your hard earned $. As you'll be taking your chances anyways.

    You should urge LIVE to start up an emergency rescue service (similar to what AAA does), i.e., to get an attorney who would help taking up cases for members only who suffer from unscrupulous attorneys for free and charge a low monthly membership fees till one gets the green card. I hope someone from LIVE is reading this post?





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  • pappu
    09-22 01:12 PM
    http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070026637



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  • vijayam
    09-15 04:59 PM
    Hi,

    I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.

    But my school said I cannot get my degree certificate till December 2006.
    My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.

    Please suggest.

    Thank you,
    Vijaya.





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  • anilsal
    12-20 10:13 AM
    Thanks. Havnt contacted him yet.
    post a contact link or email here (for both Stephen Colbert and Jon stewart) so that some members can write to them.

    Members should not write to them IMO. IV as an org should try contacting them for a face time.

    You cannot even get tickets to Colbert's show(Sold out for the next few months). There is just the studio location listed for now:
    513 West 54th Street, between 10th Ave and 11th Ave in midtown New York.



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  • Green.Tech
    10-23 05:11 PM
    Nothing wrong with that. USCIS likes to work randomnly so no big deal.





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  • nozerd
    01-20 11:51 AM
    Core team,
    Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?

    No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.



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  • salai007
    07-17 06:09 PM
    Thanks to Rep Lofgren.

    I will be sending a Thank card to her soon.





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  • Kitiara
    10-24 04:56 AM
    Of course I did - Disk 2 once you've got the submarine from Junon. The waterfalls near Nibelheim, park on the beach to the left, and walk under the waterfall. Hoo boy.



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  • leo2606
    10-14 07:43 PM
    Check the following thread.

    http://immigrationvoice.org/forum/showthread.php?t=13358
    Hi:
    I filed on July 23, I-140 and 485 concurrent.
    I got EAD on 5th Oct.
    I had fingerpring done on OCT12.
    Whne Fingerprinting was done, with 2 of my fingers, it gave message
    Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
    Does it mean it matches with some kind of FBI database and Do I need to worry about it?

    Please help gurus. I have lost my sleep.

    Thanks





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  • Dhundhun
    05-21 05:47 PM
    I think, too many documents not required. The US Embassy in Delhi asks for:

    If you have a sponsor for your trip
    -- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
    -- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
    -- Documents to show the sponsor's legal status in the U.S.

    Refer to http://newdelhi.usembassy.gov/nivbvisas.html.

    Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to http://immigrationvoice.org/forum/showthread.php?t=18737).



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  • manish1905
    02-03 12:47 PM
    what if your flight delayed or you fall seek and couldn't travel.I believe it would be a risky move having only 2 days or margin.

    MS





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  • GCNirvana007
    04-01 01:44 PM
    Gurus,

    my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

    the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
    1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
    2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
    3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

    so, we submitted an MTR based on this documents and I got the receipt date as March 17.
    any thoughts and comments will be apreciated.

    thanks,

    Did you file con-current



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  • yetanotherguyinline
    03-23 03:49 PM
    Business week MBA forums had a big conversation about this topic with some MBA graduates saying they ere affected. May be someone can post this on there.





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  • Aah_GC
    03-01 05:25 PM
    the fact that there were so many EAD applicants through June/July - the workload will be very high on USCIS so everyone will file at the earliest ie proposed 120 days prior to expiry.

    Good Point. Guess I should get my act together too.. So can somebody give me some information on what I should do to get an FP appointment on Infopass website?

    Here is where I am -

    Make Your Appointment with INFOPASS -> "Please select Kind of Service you need"

    I have these many options - which one should I choose?

    1. You need Service on a case that has already been filed


    2. You are a new Permanent Resident and have not yet received your Permanent Resident Card


    3. You want to file an application in person


    4. You need information or other services


    5. You need a form





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  • suny_saini
    08-06 07:45 AM
    oh sorry it was approved on october 2003 not 2002.





    senthil1
    07-02 09:46 AM
    I heard Changes must be made in I140 to do Consular processing from I485





    vin13
    03-09 01:20 PM
    Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
    Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
    What happens if there is an RFE asking for proof of employment during this period?

    You will have to persue your gas station business parallel to your GC job (or similar job if you are using AC-21 portability).



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