aniltatikonda
02-08 05:00 PM
So there is chance of getting RFE if your application got picked from both the employers... which is very unlikely however.
Dont know which way to GO however??
Dont know which way to GO however??
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lost_in_gc_land
01-31 01:18 PM
lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
Legal
07-26 12:32 PM
very good idea! We should fight..
This time they can not say they can not say unrelated immigration issue should not be attached to a spending bill.
If this claim is made again by immigration restrictionists, then the "more visas for crab pickers" deal should also go:D
This time they can not say they can not say unrelated immigration issue should not be attached to a spending bill.
If this claim is made again by immigration restrictionists, then the "more visas for crab pickers" deal should also go:D
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rockstart
08-12 07:53 AM
Can some one say when they received the actual RFE from the time they received the hard LUD and e-mail from CIS?
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cahaba
06-25 02:32 PM
Do we have an Alabama State Chapter. I tried to find the details but was not able to.
vidyakulkarni
02-05 06:26 PM
what is OCI??
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ranahosur
07-15 07:39 PM
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
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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kams
06-19 06:14 PM
I spoke to Cigna (I have Cigna access plus). As long as claims are for preventative care, Cigna will reimburse. Vaccinations, Tests and X-Ray will be covered. I intend to file a claim, let's see whether I get anything.
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lsuk
07-21 07:17 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
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perm2gc
08-02 02:17 PM
Hello All,
As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.
"My brother entered into the U.S around 2004 with
valid H1B stamping for company A. He was there only
for few months . He didnt work on any project
and he doesnt have any pay stubs. Before he left the
US, company B filed for his H1B visa . After filing
H1B he went back to india and later accepted
a different position in singapore . H1B for company B
was approved successfully after few months.
Its been nearly almost 2 years since that happened .
H1B for company B is valid till sep 2007
Now company C filed for his H1 just few weeks before
and it was approved successfully. He wants
to travel to U.S now and start working for company C .
He went to singapore U.S consulate for H1B visa
stamping for company B. Unfortunately it was rejected.
221(g) . Reason officer gave him was " u
need to have 13 years experience to take up this job".
My brother tried to explain to them . But they wouldnt
listen. Also they retained all the H1B documents
related to comapny B.Also they have put an entry in
his passport saying 221(g) and the date.
Company C is still asking him to travel to U.S , since
he has a valid visa stamping with company A until Aug
26 2006. My brother has valid H1B petition thru
company C which is valid till june 2009.
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
2)Will there be questions at the port of entry ?
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
4)Any chance he wont be let inside U.S ?
5)Can he show them the h1b approvals for company C ?
6)Any tips to handle the officer at POE?
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Any little help is also appreciated.
I need answer mainly for question 1 and 8
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
No Safe as he will be questioned at port of entry
2)Will there be questions at the port of entry ?
A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Yes.. He may not not reenter US for next 10 Yrs.
I am not an Immigration Lawyer.Better Talk to the Attorney. Its your brother's future
As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.
"My brother entered into the U.S around 2004 with
valid H1B stamping for company A. He was there only
for few months . He didnt work on any project
and he doesnt have any pay stubs. Before he left the
US, company B filed for his H1B visa . After filing
H1B he went back to india and later accepted
a different position in singapore . H1B for company B
was approved successfully after few months.
Its been nearly almost 2 years since that happened .
H1B for company B is valid till sep 2007
Now company C filed for his H1 just few weeks before
and it was approved successfully. He wants
to travel to U.S now and start working for company C .
He went to singapore U.S consulate for H1B visa
stamping for company B. Unfortunately it was rejected.
221(g) . Reason officer gave him was " u
need to have 13 years experience to take up this job".
My brother tried to explain to them . But they wouldnt
listen. Also they retained all the H1B documents
related to comapny B.Also they have put an entry in
his passport saying 221(g) and the date.
Company C is still asking him to travel to U.S , since
he has a valid visa stamping with company A until Aug
26 2006. My brother has valid H1B petition thru
company C which is valid till june 2009.
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
2)Will there be questions at the port of entry ?
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
4)Any chance he wont be let inside U.S ?
5)Can he show them the h1b approvals for company C ?
6)Any tips to handle the officer at POE?
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Any little help is also appreciated.
I need answer mainly for question 1 and 8
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
No Safe as he will be questioned at port of entry
2)Will there be questions at the port of entry ?
A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Yes.. He may not not reenter US for next 10 Yrs.
I am not an Immigration Lawyer.Better Talk to the Attorney. Its your brother's future
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srinivas_o
04-28 10:49 AM
Used Advance Parole and gave my passport to the Officer, no questions asked and no issues. This is at Dallas on 23rd April. It just took 15 minutes to complete the immigration check.
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rb_248
10-19 04:27 PM
Did you have to change your address while you switched jo?. And if you had changed address, did you inform USCIS. I am trying to find out if address chnge is what triggers RFE for job switch. Also were you on H1B or using EAD with previous employer.
I moved out of state. I owned a home and it took a while to sell. So I stayed at a temporary facility. So effectively I retained the same address. But, we got the cards just before we sold the house. So the answer to your question is No I did not inform USCIS. But, I had a justification not to inform the USCIS.
I moved out of state. I owned a home and it took a while to sell. So I stayed at a temporary facility. So effectively I retained the same address. But, we got the cards just before we sold the house. So the answer to your question is No I did not inform USCIS. But, I had a justification not to inform the USCIS.
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vin13
05-19 01:34 PM
My friend,
to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.
How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.
Immigration is more of a domestic political issue/concern. It is mostly based on popularity and vote bank. This is not a major bilateral concern for US and India. I guess that is why i am saying India's PM may not be able to influence much.
Anyway i don't want to beat this to death. Just an opinion.
to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.
How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.
Immigration is more of a domestic political issue/concern. It is mostly based on popularity and vote bank. This is not a major bilateral concern for US and India. I guess that is why i am saying India's PM may not be able to influence much.
Anyway i don't want to beat this to death. Just an opinion.
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gauravsh
04-28 08:57 AM
Travelled back from India today by continental flight from mumbai till newark non stop. My H1b is expiring on 19th june. Had a ISSUELESS entry. The guy asked your petition is valid only till 19th June. I replied I am going to file an extension. he said you will be needing to reenter the country after it. I said "yes, I know". He said he is going to give in I-94 valid till 29th june just in case if I have any issues. That is 10 more days after my petition is expring.
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.
Also, just I wanted to share the information becuase many people seemed worried about this.
Good luck :) :) :) :)
Guy was very nice and supporting. We shared some jokes . he notices that by passport has writing that If I take citizenship of any other country than I have to surrender the passport. he asked "india dont allow dual citizenship". I said "No". he replied "It sucks" and we laughed together.
My advice dont let current recession effect your trip. If you need any more information PM me. I will be happy to assist.
Also, just I wanted to share the information becuase many people seemed worried about this.
Good luck :) :) :) :)
more...
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ameryki
08-10 12:33 PM
I wonder my lawyer asked for a cashier's check or money order :-)
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apt29
10-22 03:31 PM
Mine was applied on July12th. My attorney is pressing for refile. is it a good idea to refile? Or is it better to wait?
Thx
Thx
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coolmanasip
07-19 09:51 AM
GURUs cna u reply when you get a chance!
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Berkeleybee
04-08 01:29 PM
I guess everything needs to go through the house conference. However there is a much better chance to attach it to the PACE act since Sensenbrenner may not be sitting in that conference at all. PACE act goes to this committe:
Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development
It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.
Don't forget that the House (Anti) Immigration Caucus has 92 members -- be assured that if not Sensenbrenner it will be another equally virulent member. Also, conference committees are nominated by the leader of the house -- nothing to stop them from nominating anyone they want.
Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development
It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.
Don't forget that the House (Anti) Immigration Caucus has 92 members -- be assured that if not Sensenbrenner it will be another equally virulent member. Also, conference committees are nominated by the leader of the house -- nothing to stop them from nominating anyone they want.
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newlife2
09-20 12:12 AM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
icecreamy
08-28 01:18 PM
Has any one filed at TSC got FP notice lately?
I have a travel pending so any information on the recent development is appreciated!
My case:
485 RD - 07/02/2007 (Filed at TSC)
485 ND - 08/17/2007
FP -- ?
I have a travel pending so any information on the recent development is appreciated!
My case:
485 RD - 07/02/2007 (Filed at TSC)
485 ND - 08/17/2007
FP -- ?
WeShallOvercome
07-26 12:29 PM
I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
It is advisable not to move until you get fingerprinting notice.
The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
It is advisable not to move until you get fingerprinting notice.
The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.
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