Biyernes, Hunyo 24, 2011

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  • sapota
    10-18 06:03 PM
    Thats not true.. A few days back I read on IV forum itself that around 10K were wasted this year too.

    Was it reported from AILA or ombudsman or someone making prediction? A few days ago, USCIS issued a report saying that they approved 60k GCs due to the July fiasco. That should cover all available visa numbers for FY 2007.

    From Oh law breaking news :


    10/17/2007: Total of 60,000+ EB-485 Applications Adjudicated During July-August-September by NSC and TSC

    * AILA has reported that during the period of July, August, and September 2007, Nebraska Service Center and Texas Service Center adjudicated 60,000 plus EB-485 applications. Since EB visa number was unavailable for the entire EB cases in August, presumedly a substantial portion of these cases could include those cases for which the EB visa numbers were pull out before July 2, 2007 in June and adjudicated throughout the period as reported by some I-485 applicants who reported that their I-485 applications were approved when the visa number was unavailable. Interesting.




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  • mn1975
    07-16 12:40 PM
    I think the best way is to bring her back, because its Preferable to go to the same doctor
    were you had done intial exams

    Moreover to the best of my knowledge this cannot be done in india

    I had to call my wife back for the same reason in May

    hope this helps




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  • Ramba
    10-24 11:49 AM
    Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.

    Now the question I have is.

    1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
    2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?

    Let me know what you guys think. On mountain crossed and still more hills keep coming.

    Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.




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  • saketkapur
    07-27 05:24 PM
    ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)


    Unlawful Presence: Myths and Realities

    Ron Gotcher

    Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.

    A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.

    The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.

    Nonimmigrants are not required to maintain their status after filing for adjustment of status.

    Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.

    It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.

    There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.

    Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.

    Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.

    The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.

    The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.

    There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.

    Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.

    Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.

    Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.

    Ron Gotcher


    Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved



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  • bagha
    07-11 11:01 AM
    I'm in similar situation:
    On H1 with company A since 2001. Current extension is valid till July 2010.
    Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.

    Now I want to transfer my H1B using AC21. My questions are:
    1. If my current employer revokes I-140 what are the implications on my I-485? Since 180 days have been passed I think it's not a problem.
    2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if company A revokes my I-140?

    Thanks in advance.




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  • gveerab
    12-29 08:38 PM
    3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney

    You should try this option, in one of the immigration lawyer's forum they mentioned about this. If you have this you can get 3 yrs extension, that saves lot of moeny and time. It's worth exploring this option. Please share with us, if you are able to succed with this option.

    u can use G-639 i.e. FOIA (DOJ) to get a copy of the approved I-140, Labor.etc. I do not know of anyone thats used a I-824.....cos sometimes USCIS also mails a copy of I-140 to the lawyer as well!



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  • mabuhay
    12-29 09:03 PM
    My friend and I, filed our respective H1B extension in June 2007. We were both expecting only a 1-year extension since our I-140s have been pending at Nebraska SC since December 2006. He received his H1B extension approval (3 years) in October and I received mine first week of December. Despite both I-140s pending, we both got 3-year extension! We are both very happy because the ;)approval saved us a lot of money. Both of us filed I-485 in July.




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  • lazycis
    06-06 01:22 PM
    Thanks for link. I do not see my friend's employer who is currently facing lawsuit by an employee. I ensured the same by verifying with her.

    You need to be aware that there are state and federal laws. Usually complaints are filed with state DOL when employer did not pay salary or performed unlawful deduction. If employer violates H1B/GC laws, you can complain to federal DOL. The same story with filing complaint with the state court or federal court.



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  • paskal
    02-12 05:55 PM
    I guess most of us dont want to take the pain of "mailing the letters"

    How abt someone obtains online authorization to mail letters on members behalf.
    I mean members authorize mailing a letter on their behalf by IV.
    !?
    Question is asked when they sign in... or login to the website!


    snail mailed, signed letters are far more effective. straight from the horse's mouth, so please believe it.
    it's 5 min and a few cents...tell me you can't do that (pain) again...?




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  • EB3_SEP04
    07-11 02:50 PM
    Friends

    Let behaves like a GENTALMAN... THIS POST WILL NOT HELP ANYBODY INLCUDING POSTER.

    hope this helps everybody who willing to post such frustration. Please keep all thoes with your self and dont bother others.

    DONT POST ANY MORE PLEASE, I THINK I DID MISTAKE BY WRITING. I THOUGHT THIS GOOD SITE/FORUM TO GET INFORMATION BUT I WAS WONG.

    GOD BLESS ALL OF YOU.

    Not every member here is a MAN (to be a Gentalman), some are women, do they not count? :)



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  • loveiv
    07-15 12:57 PM
    I have used AC21 to change jobs
    I have a closing statement from my previous employer mentioning the exercisable options.

    Here it goes:

    Exercisable Options

    Price $30
    grant date 1/10/2007
    Shares exercisable 400
    total price =12000

    Last date to exercise
    7/20/2008

    However the market share value for the company now is 26.00

    now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?

    I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
    How is this b*** s*** related to this community?




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  • gchetna
    09-10 11:44 AM
    Thanks for your response. I am hoping that I will be able to tell them to give me time to get my H1B transfered. They have always been very understanding so far, but you never know...Thanks guys



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  • aravi
    06-29 03:32 PM
    Hi - I haven't obtained a Schengen visa from the Swedish consulate, but have obtained one several times from the French consulate. I also had trouble obtaining exactly worded letters from my insurance company. The best option for these embassy visa requirements, for me, was to purchase one for $12-$14 from InsureMyVisa.com. They give you a letter as per exact requirements of whichever country's consulate you are applying at. Good luck!




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  • sweet_jungle
    01-10 06:17 PM
    What do you mean by
    "Can an attorney force me to file AC-21 even if i dont want to?"

    Are you asking if the attorney would file the change of employment letter?

    Please clarify your question

    What I am trying to say is if the attorney prefers Ac-21 filing without waiting for RFE, while I may want to wait for RFE if i am sure sponsoring employer wont withdraw 140, whose word will prevail?



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  • ghost
    06-22 03:25 PM
    Before this thread spirals into a controversial discussion, I'd like to clarify that some members may be desperate to see the results but they have to understand that it will take time. So be patient and please stop writing accusing posts, even if you mean it in a lighter vein. It will do no good to any of us.

    Any one who understands how american politics work should realize that we are in a conundrum and the best way to get out of this is to recruit more members to represent us.

    Now dont waste time posting useless messages like this one:p on this forum and divert your energy towards recruiting new members.

    Mods, if possible, please delete the un-related messages from this post. Thanks!




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  • rb_248
    10-05 01:41 PM
    Most likely....they are trying to play both side of the vote politics. That way they can say we tried earnestly but didn't happen because of republican opposition.
    On the other hand they can avoid annoying center and independent voters.

    I agree. They are playing to get Hispanic votes in the 2010 elections. "No health care for illegals" indirectly contradicts "green cards for all undocumented". Obama is cleverer than LALLU. Watch out. He is a very intelligent player with words.



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  • surabhi
    08-17 04:02 PM
    I think this might be the case where "Waiver of Signature" was not opted in case of express mail.

    In that case, USPS has to deliver only if a signatory is available. This is obscure option on the Express Mail address sheet. For PO Box addresses like in this case, it is advisable to opt for waiver for obvious reasons.

    In this situation, I guess nothing much to do except wait I guess.




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  • jayleno
    08-31 09:40 AM
    GCFISH,
    whaddoyammean by 90% of us? Speak for yourself. Who did the statistic anyway. stuckinretro is right to some extent atleast from my experience.




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  • ImmiLosers
    09-30 03:41 PM
    If your last FP was more than 15 months ago, then write to local congressman, that usually works.

    Congressman for FP, you may want to contact USCIS first. They may not expedite your I-485 but they are good in sending these things...




    stldude
    07-09 08:09 AM
    Mine was went on June 28th and reached them on July 02 8:44 am. My lawyer could hv. sent it by next day and it wud hv. reached them on Jun 29th.. hmmmm...




    shantanup
    10-15 11:17 AM
    I renewed mine 3 months ago. Texas is a LIBERAL state after all.
    Can anybody list the states that check immigration status to renew / issue a driver's license?



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