Wednesday, June 8, 2011

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  • Guillo
    03-03 02:15 PM
    My experience with the evaluators was the same. Well, not mine but my wife's. She had to use the people the school told her to.
    If you need to find translators for your documents though, I can help. If you need recommendations just ask!





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  • fcres
    06-27 12:02 PM
    Well there is a thread here talking about the pros and cons of multiple 485 filing so that means it can be done. As far as i have read its not illegal but it might delay the process. Different lawyers have diff opinion. Both our lawyers agreed for multiple filing and so to be on the safe side(one has an early PD and the other's job is more stable) we are filing 2 485s, but only one EAD and AP.





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  • qplearn
    09-30 05:38 PM
    You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective of in the larger context of this huge EB mess.

    I am really shocked to hear that. Why is it taking 4+ years to get a labor certification? I thought the PERM system solved this problem; I, of course, don't know much because my labor was approved via SHLC, and that takes 6 months.

    Is this included in our demands? I mean the ability to file for 485 even when labor is not approved? Sounds like it should be.





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  • ganguteli
    01-28 06:09 PM
    http://en.wikipedia.org/wiki/List_of_Indian_Americans

    Check our own Aman Kapoor listed



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  • voldemar
    03-21 10:51 AM
    3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
    Yes you will be subject to cap.No, if you had H1 before (in 6 years) you are not subject to cap.





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  • chanduv23
    03-15 06:26 PM
    Thats is the law. They have to provide no matter how much blood suckers they are. Of course it depends on how you make them realize that.

    I was offered one when i was in that situation way back in 99.

    Its as per law. But in practice, we do not see it happening much. maybe I am not aware. Anyway getting a flight ticket back to home country is not an issue for a great discussion :)



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  • lazycis
    12-05 12:14 PM
    Unfortunately I-485 class action is more complicated (different types of immigrant visas, different statutes, etc.). The only one I know of, ImmigrationPortal.Com v Ridge (03-cv-02606, District of Columbia, was not certified as class. Also, ACLU have little interest in pushing I-485 lawsuit as there is no immediate benefit, GC holders cannot vote. This may be another action item for IV - Immigrationportal suit failed in part because there was no organization behind the suit. Right now the majority is concerned about EAD/AP, but if FBI name check does not change, the wait can be decades based on the volume of applications and current "efficiency" of the FBI NNCP.





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  • Charleh
    05-28 05:14 AM
    You can bind them quite easily, assuming your data sources implement the correct interfaces (I believe IBindable/IBindableList).

    You would use the metadata table to fill the list for the combobox and then bind the list to the 'degree' fields on your persons table

    There are numerous ways to actually accomplish this, I'll run through a straight forward method using the datasource wizard

    1. Drop a combobox onto the page
    2. Go to the 'Data Sources' window which is usually docked on the left and add a new data source
    3. Pick your data provider (I've picked database)
    4. Set up your connection to connect to the database. I've just included the connection data in the application for the sake of simplicity
    5. Choose the table you wish to bind to - this will be the 'metadata' table with your degrees
    6. Finish the wizard, now in the datasources window you should have your table visible.
    7. Drag the whole table onto the combobox
    8. The program will assign the DisplayMember and ValueMember of the combobox automatically, you can modify it in the combobox properties - the ValueMember is the underlying identifier (the ID column) whereas the DisplayMember is the value you will actually see in the box
    9. Repeat steps 1-6 to add your 'persons' table to the datasources window (you can use the same connection as you used before, you won't need to add another)
    10. Once you have added the persons table, in the datasources window expand the persons table so you can see all of the actual columns of the table.
    11. Find the column you will be binding to (the degree1 column for instance) and drag that onto the combobox.
    12. Finished!

    Of course you will need to make sure that a certain record from your persons table is selected as the datasource contains a record pointer - you can always drop a BindingNavigator control on there and associate it with the datasource but it does look a bit 'Microsoft Accesss' so I don't use them. Of course you will probably be getting to your persons form via a persons list in the first place so naturally you will be passing in the persons 'ID' and finding that person in the table using the ID

    Either way your combobox is bound - your metadata is bound to the item list of the combobox and the persons tables 'degree1' field is bound to the selected value of the box. Visual Studio tends to be quite intelligent in this respect - if you drag a data column onto a bindable control it knows that it should bind the 'value' of that control to the data source. If you drag an entire data table or data container onto the control it knows to bind any 'list' objects to it.

    VS 2008 will have already added the necessary code to 'bind' the objects at runtime - check your 'onload' function in the VB code

    Of course you've only really got one thing to bind to on a textbox so you get different functionality (with respect though you can actually bind to any property of a control but most of the time why would you want to?)

    This is just an example of how to bind to a control - the data exists in memory, so any changes you make won't affect the database immediately. In fact I'm not 100% on how the data gets written back with tableadapters. You may want to read up on them, I usually use custom objects which implement the bindable interfaces.

    Edit:
    Looks like you can just use the 'Update' method on the tableadapter and pass in the dataset thats automatically defined for you (the dataset will be holding the actual data you are editing). So if you stick a 'save' button on the page and then in the save method call YourTableAdapter.Update(YourDataSource) that should do it - I'll give it a try!



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  • sunny1000
    02-04 12:14 PM
    Juz curious if there is an option to get a Visitor visa without attesting the interview at consulate.

    some Travel agents have told My brother in law that they can arrange for Visitor visa without going to consulate. To my knowledge its not possible. one have to attend an Interview at the consulate and do finger prints to get a visa.

    Anybody have any similar experience / information ?

    Don't trust the travel agents. All visitors to the U.S (with a few exceptions) have to appear for the interview.





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  • kaarmaa
    05-04 09:01 AM
    I just transferred to a new employer in my 7th year. All you need is a copy of the approved I-140.

    DO not give a notice to your current employer until the new H1 is approved. Also, apply for premium processing.



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  • FinalGC
    08-04 09:25 AM
    Great idea





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  • logiclife
    09-25 12:07 PM
    Your rights as a participant of a bulletin board or online forum like Immigration Voice forums:



    The rights of bloggers (site admin, site owner or site moderators), their liability and section 230. Section 230 refers to Section 230 of Title 47 of the United States Code (47 USC � 230) (http://www4.law.cornell.edu/uscode/47/230.html). To learn the plain English language explanation of this section, go here: http://www.eff.org/bloggers/lg/faq-230.php (http://www.eff.org/bloggers/lg/faq-230.php)

    What this means is that whenever someone posts anything against anyone, Immigration Voice is immune from libel suits or defamation lawsuits, with couple of exceptions (discussed in item 2). Therefore, any anonymous poster saying bad things about their lawyers, employers, or anyone else DOES NOT HAVE TO BE DELETED. Other than couple of exceptional scenarios (see point # 2), we are not liable for content posted by users of message boards, forums, discussion boards etc. Section 230 protects Immigration Voice website administrator and moderator against libel suits or other lawsuits caused by participants who post messages against their lawyers, employers or anyone else. A recent example of such a case is illustrated in 22 page opinion of a federal judge in DiMeo V Max (http://www.law.com/jsp/article.jsp?id=1149152717145).

    Immigration Voice is not going to delete, edit or moderate the posts and threads posted by our members no matter how defamatory or criticizing they are. That�s because A) Immigration Voice is not liable for what our members do or not do per section 230 and B) Immigration Voice needs to give freedom to members to vent out against the incompetent immigration lawyers and/or dishonest employers because that is what makes us unique and different from censored forums and it is the ESSENCE of this bulletin board.


    The exceptions when Section 230 protections won�t work.Section 230 will not protect Immigration Voice if site moderators and administrators themselves post content that causes damages to others. We (site admin and moderators) will not edit or delete posts that say bad things about other orgs or persons - no matter how derogatory or defamatory they are against some lawyers, employers etc. We are not liable or responsible for them and legally it�s best and safest for moderators/site admins to leave those posts alone. Besides, that is one reason why people come to this site � freedom to vent out without any censorship, sometimes even against the Immigration Voice leadership and core group.

    The other scenario when the section 230 wont protects us is in case of intellectual property. So don�t post any patented information or technology details on this website. However the laws give us a lot of latitude when we post some news articles or other content created by other sources. More details of intellectual property are here on this link. http://www.eff.org/bloggers/lg/faq-ip.php (http://www.eff.org/bloggers/lg/faq-ip.php).



    Are we obligated to provide information to plaintiffs about our anonymous posters?First of all, most of the time, we ourselves don�t know the anonymous posters and who they are. The most we can do is provide IP address. Those IP addresses too are not easy to pin down in certain kinds of network environments. However, we will not give any information about our members to anyone unless and until we are subpoenaed for it. Subpoenas are either issued by law enforcement or by plaintiffs who file the lawsuit. Unless we are subpoenaed, we don�t have to give away any information like IP or email of any anonymous poster. Immigration Voice will never make the IP address or any information available to anyone unless it is ordered by court. Immigration Voice will use all possible legal avenues to protect the privacy and anonymity of its members and online discussion participants.


    What if someone with deep pockets sues Immigration Voice with the objective of shutting us down, even though they know they don�t have a case, but want to sue us just to drag us into expensive court battle and make us bankrupt?There is nothing that protects Immigration Voice (or any such website with discussion boards and forums) from frivolous lawsuits. Anyone can sue anyone else, whether he or she lose or win is a different matter. Section 230 protects immigration voice from libel lawsuits resulting from anonymous participants posting messages that cause damages to organizations or individuals. They are even more counterproductive for the plaintiff if that state has ANTI-SLAAP laws.

    SLAAP means �Strategic lawsuit against active participation�. If someone sues us just to make us bankrupt and shut us down without caring for outcome of the case, then it�s a SLAAP lawsuit. The objective is such lawsuit is not to win but to drag the other party into expensive court battle and make them bankrupt. Some states have laws against SLAAP lawsuits called ANTI-SLAAP laws. They are different in every state. What those laws do in general is make the plaintiff of SLAAP lawsuit pay the defendant for the cost of litigation and defense if they lose. So if someone from state that has ANTI-SLAAP laws sues us, then the money we spend on litigation would have to be paid by plaintiffs if they lose. Therefore there is good chance of finding a pro-bono lawyer because if they win, they get paid from the other party. What this means is that it�s difficult to drive someone to bankruptcy with frivolous lawsuits if the state has good ANTI-SLAAP laws. California is one example. Therefore the chances of us getting sued by someone in CA are lesser than other states.

    Should any party sue Immigration Voice for libel based on posted messages on online forums, Immigration Voice will fight back to the fullest extent and will not remove posts or threads against those organizations.


    What should one do if they have been badly hurt due to incompetence or malfeasance on the part of employer or lawyers?Immigration Voice will neither encourage nor discourage members to post messages against their employers or lawyers or any other party. Members and participants are free to post whatever they want to post. If you lawyer�s actions have hurt you and if you think it�s due to malpractice then you can file a complaint against that lawyer in a state bar. If your employer�s action has hurt you and if you think his actions are illegal, then you can file a complaint against your employer at the department of labor (for wages issues) or other departments for other issues.



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  • newbie2020
    06-06 02:26 PM
    The Statuatory limitation on the law suits is 3 yrs...if you didn't file it within 3 yrs the court may use its own discretion.





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  • desi3933
    03-02 10:37 AM
    Thanks SL & Lost in GC process,

    Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

    One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

    Thanks
    Senthil

    If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.


    ____________________
    Not a legal advice
    US citizen of Indian origin



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  • gcseeker2002
    04-09 05:35 PM
    Good luck, atleast you are in EB2





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  • rChinna
    04-01 12:20 PM
    Hi All,
    My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

    1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
    2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

    3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

    4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

    5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

    6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


    Please reply.
    Thanks in advance
    Chinna



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  • Nabeel
    10-26 09:37 AM
    Hi Seniros

    My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
    Thank you

    I am not quite clear on your question. Why would you convert from H1 to F1 or B2 ? I think you should extend your H1 in Mar or Apr 2008. Hopefully You will get your Labor approval by end of Nov or December and then you should be able to file for I140. If I am not mistaken you should be able to apply for three years extension on the basis of your I-140.

    Nabeel





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  • AbraKaDabra
    12-21 12:31 PM
    Flying thru Amsterdam and Milan doesn't require a transit visa





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  • desi_scorpion
    08-22 10:21 AM
    for h1b status...they only tell the status to the petitioner which is your employer/lawyer .....You are the beneficiary....they will not tell u the status on phone or e-mail...but no harm in trying. . if u have a receipt number then u can check online and setup an automatic notification. Hopefully u will be ok...





    Dhundhun
    07-12 02:35 PM
    The application was received on 7/10 and the checks were cashed today - How will you receive the resceipt number ? Would it come in the mail?

    USCIS will sent you receipt. If you do internet banking and can see your check, on reverse side of check, they stamp with detailed infromation. If you can access that you can find it.

    Yesterday I picked up receipt number for my son from check, who applied OPT/EAD in CSC.

    Otherwise wait for few more days to get receipt.





    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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