Wednesday, June 15, 2011

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  • she81
    07-04 04:38 PM
    There's definitely something fishy about the way these events took a sudden turn. It's all surfacing now. USCIS certainly needs to have transparency in the way they performs their duties. This is entirely unacceptable.





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  • chem2
    06-15 09:07 AM
    if you completed an I-9 with your employer after you recd your green card, you may be able to ask them if they are willing to let you make a copy from their files.





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  • SGP
    11-27 04:56 PM
    I can't agree less with snathan





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  • for_gc
    04-07 06:42 PM
    Just sent you a PM.



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  • kondur_007
    09-24 02:38 PM
    Thanks for all your replies. Your information is helpful. I will talk to an attorney and will take a decision.

    Good decision. Wish you best of luck!:)





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  • richana
    01-23 09:20 PM
    Thanks for the reply! That was very helpful .

    Do I still have to be employed by my original sponsor when i get the appt after 6 months?

    If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?

    Yes to Q1. Yes to Q2, but you will have to discontinue the CP option. I would suggest going the CP way in your case. AOS is unpredictable with CP you will have a definite date. Best option get H1 in India return and apply for AOS, if not apply for CP and return with H1 go back in 6 months get GC if all else fails wait in India for 6 months and come back with GC.



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  • dehradoon
    06-14 07:13 PM
    Hey did you get the receipt notices(485/ead/aos) mailed to you directly from USCIS or it went to your attorney?

    It comes to the address specified on the form that you filled for EAD





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  • sundevil
    07-05 04:52 PM
    You are right. There are days I feel like writing to Durbin, Grassley or Sanders about this practice because few of all the 350K odd BEC LCs are out there for taking by these a**h**s. I have always wished that one day all these approvals get dug out and financials behind them investigated. I wouldn't be too sad to see all these guys behind bars and their GCs revoked.




    Hey its give and take rite , if he bought the labor and or abused the system
    it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank



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  • sweet_jungle
    10-22 06:39 PM
    One of my friends had his 485 pending. He took leave of absence from company and went on to pursue full time MBA for 2 years.
    In the middle of MBA, company had to remove him from payroll due to re-org.
    Green card came in a few months.
    He is now doing a hot shot MBA job using GC.
    Will he face issues during N-400?
    Is there anything wrong in what he did?





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  • desperatlyinwaiting
    06-15 11:31 PM
    Ouch, that hurt.

    We had an attorney and she did not prepare us for what to expect. However, I should have researched it and am now in a bind.

    Thanks for the advice.



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  • uma001
    11-05 09:35 AM
    Who gave me red, idiots...





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  • martinvisalaw
    07-16 03:00 PM
    Hi,
    What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.


    You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.

    Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.

    I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.

    As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.



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  • nmdial
    02-21 02:52 PM
    I'll be applying for my wife's and my visa stamping and therefore did some research on this issue myself. I believe that we'll need to print out DS-160 as well and take it to the consulate, the same way we did with previous forms. We can, therefore, write our names (or whoever is the applicant) in our native language on it.





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  • peer123
    07-18 07:36 PM
    just bumping it up......



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  • srinivasj
    05-18 01:34 PM
    I read those threads....I appreciate his efforts and patience in doing it...those articles are though provoking..

    it is not random fun or irrelevant topics..





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  • panacea
    08-09 07:57 PM
    anybody? I'm also in similar kind of situation.



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  • garybanz
    01-08 10:14 AM
    Folks,
    As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.

    My contract with my desi consultant basically says

    "Agreement Not to Compete. While I am employed by Employer, and for ONE years/ 12 months afterward, I will not directly or indirectly participate in a business in a similar capacity that is similar to a business now or later operated by Employer in the same geographical area. This includes participating in my own business or as a co-owner, director, officer, consultant, independent contractor, employee or agent of another business.

    In particular, I will not:

    (i) Solicit or attempt to solicit any business or trade from Employer's actual or prospective customers or clients; or

    (ii) Divert or attempt to divert business away from Employer;"



    Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?





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  • Leo07
    10-15 03:54 PM
    Yes, PD & labor is same. Don't need to apply labor again. Just the I-140 since it's a company take-over.

    I filed the H1-B extension through Regular, just want to see if 140 is worth filing premium?





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  • Dhundhun
    10-23 05:53 PM
    I think, for an employment-based case, there is effectively a 180-day grace period because of 245[k]. Please explore this, which may be helpful for gaps like I485 refusal and MTR.

    From: http://www.murthy.com/adjsta.html

    Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.





    boston_gc
    01-25 05:49 PM
    Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.

    Good luck!



    I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:

    Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

    VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.

    They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.

    The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.

    Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.

    1. Do I need to send a mail to Consulate asking the specific reasons for denial?

    2. Do I need to write to the senator or some one about this?

    3. Do I need to consult an attorney about and re-request for a review of the petition?

    4. Do I need to ask the employer anything specific.

    I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.





    HumJumboHathuJumbo
    01-08 12:41 PM
    While I-485 is pending, how to change spouse's last name?. For that matter, how to change spouse's last completely in every agency(like ssn, paychecks, credit cards, green card, passport, drivers license). Is this list complete?. which one should i start first?.thanks



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