Wednesday, June 15, 2011

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  • javaconsultant
    03-28 01:55 PM
    This would be a very welcome change ..........

    Lets go for it.....I was watching yesterday's bill and could not find this
    provision...Correct me if I am wrong....

    Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.





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  • looivy
    11-02 12:59 PM
    If this is a possible solution, have your Mother-in-Law visit Canada temporarily for a few day and have her come back to US. I am just floating this idea for discussuion.





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  • JunRN
    08-21 11:38 AM
    Once they're through with July 2 or 3 filers, July 17th filers onwards will be next because there are just a handful who filed on July 4 to July 16. This news makes sense to me.

    It seems Texas is moving fast now and so is Nebraska. We can see a big leap in the Receipting Up-date this coming Friday. Whew...mine is 2 receipting up-date away and got no privilege to see if checks got encashed because atty. paid the fees.





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  • singhsa3
    07-11 10:34 PM
    Hi Guys,
    Based on some recommendations, I have put together the enclosed pamplet.
    I am NOT suggesting that this is the pamplet we should use but it could be a starting point. We need to generate more ideas like this to keep momentum going.

    http://www.geocities.com/singhsa3/Ghandhigiri.doc

    Take a look at it and make suggestions



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  • calaway42
    10-20 02:18 AM
    gosh!! you experts!! what do i need to learn to be able to graphic design like you guys!?!? help!~:P





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  • naturopathicpt
    06-29 04:53 PM
    Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?

    I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:

    "If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."

    So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?

    I appreciate your generous response.

    NaturopathicPT



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  • centaur
    03-27 05:50 PM
    Yes. Thats true. My cousin is in the law school here and he says that the laziest or weakest in the class go for immigration law (usually, there are exceptions) as it's "easy" most of the time you are just filing forms and immigrant like us pay on time, are polite and dont cause them "stress".

    A lot of them have "UNPAID" interns, usually law students, do all the work while they are hardly working (playing golf, socializing..) and then they sign all these forms in 20-30 minutes, if they decide to work that day.


    Such is the story of lot of immigration lawyers. A lot of us I am sure do not like their lawyers.
    Lawyers do not even read the full application properly. They delegate the responsibility of reading and writing applications to their trainees and paralegals. I do not even know why lawyers charge such heavy fees for not doing any hard work. Lawyers do not even tell you which documents to send when you file application. They keep asking documents one by one. Can't they keep a list of all documents for each application form and send it to their clients in advance. Such problems are faced with people who have both big lawyers and small lawyers.

    Another thing. I saw the list of top lawyers by bestlawyers.com and saw their selection criteria. It seems lawyers select each other. I wish they had clients rating lawyers and not peer review.

    No wonder only the worst students of law become immigration lawyers. Oops, i said something bad!! Some lawyer reading this will sue me for saying this...





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  • asdfgh
    10-15 03:03 PM
    Lawyers havent received notice yet either...does CSC only enter receipt dates or do they process EAD, AP etc. as well prior to transfers?

    as far as i know CSC sending the transfer notices after issuing the receipts. Did u check with ur lawyer for receipts? .



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  • calgirl
    08-07 09:14 PM
    Infopass should be able to get you NC info. It just depends on the IO officer there.
    I had Infopass appointment at San Jose yesterday and the IO officer was very sweet. She told me my NC status.

    Nebraska is not actively processing India EB2 cases.
    Texas - we have no idea what they are processing on .RD/ND//PD.. God knows.. Its random most probably.

    Ideally, if NC has been pending for more than 6 months they should not from approving 485. Again this is luck. !!

    Hope this helps..

    I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.

    The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.

    I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?

    Any idea?

    cheers

    Sidharth





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  • Dhundhun
    10-23 01:22 PM
    AFAIK, oneway ticket originating US can't be bought in India. You need to cancel ticket, and buy a return (both way) ticket.

    Usually tickets bought in India is cheaper - so there are these restrictions.

    It is possible to buy a ticket from US for a journey originationg from India. Airlines passes instruction and Tickets are issues in India.

    Rules might have changed, but this was latest information from my side.



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  • casinoroyale
    01-07 11:47 AM
    Sorry aps. I corrected the typo above. Please read my post again. I meant to say "after using EAD".





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  • satyasaich
    05-01 01:36 PM
    If you carefully see the qualifying options for an emergency appointment (who stays and currently working in US can easily qualify) , we can chose the earliest available date at any of the centers like Mumbai/ New Delhi/ Kolkata/Chennai. But the catch is first of all you have to entrust someone in india to go to HDFC bank to pay the fee and get the receipt number.
    Remember, the most important thing is YOU must carry that ORIGINAL PAYMENT SLIP along with all of your documents.

    Without paying the fee first, there is no way to book an appointment and remember it takes about 48 hours to activate the receipt number for the fee paid, in to the web site & backend system they use to tally that you have actually paid. once you enter your passport number and fee payment receipt number, they both will be tallied against a database

    Recently one of my good friend had a major issue, because he took a fax copy of the payment receipt, and believe me got in to a big trouble. (Ofcourse, they honored finally after hours of argument and gave him the visa extension)

    Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).



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  • Munna Bhai
    07-12 10:21 AM
    any more help??





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  • lazycis
    12-19 04:01 PM
    Multiple I-485 Filings Not Advisable
    �MurthyDotCom

    While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.


    I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.



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  • kondur_007
    08-25 10:58 AM
    As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch

    I agree with wandmaker above.

    Did your application reach on or before the expiry date on the PERM LC? If yes, you are fine. Just wait for 140 to be approved. If you qualify for premium processing (and qualification criteria are very narrow: if you are currently on H1b and need to extend it and no other way to extend it) then only you can do premium processing.

    If your application reached AFTER the expiray date on PERM LC, it is very likely to be denied. Again, if you qualify for premium processing, go ahead and do it to know it sooner. Also start working on new PERM ASAP.

    You can not port PD until and unless 140 is approved. If it gets denied you loose the PD too.

    Trust me, this is a scenario where you really want the help from a good attorney.

    Good Luck.





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  • travellertvr
    03-22 01:38 PM
    I entered in the US on November 30, 2009 with H1-B visa valid till September 19, 2011, but passport expiration date was January 3, 2010. Customs and Border Protection officer put January 3, 2010 expiration date on my I-94. On December 11, 2009 I received new passport valid till December 11, 2014, but I-94 date has never been changed.

    I�ve applied for Green Card in 2010, labor certification has been approved on July 26, 2010, I-140 filed on November 16, 2010. My priority date is June 7, 2010.

    The lawyer I�m working with on my Green Card noticed that I was out of status in June, 2010. She suggested extension of H-1B visa. This was done, and my new H-1B dates are 10/18/2010 till 01/03/2013.

    According to my lawyer, new H-1B returned me back in status and working legally in the US, but it didn�t solve the problem of being out of status more than 180 days. And if I leave US now, there will be 3 year ban to enter back.

    Please advise if that�s correct and if there is any solution to this problem? If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?



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  • vin13
    01-16 01:07 PM
    Isn't recapturing of H1-B when you are trying to determine if you have used up your 6 year limit.

    In this case, he is trying to get out of H1 and get back in. At this time he will be considered on the yearly cap.

    I think we are talking of two different aspects.





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  • chunky
    07-26 03:21 PM
    We are planning to go India in October (after receipt of 185). If I apply for change of status it will be cancelled because she left country before aprooval".

    I was thinking if we do not get AP by then she can go to embassy and request for H4 visa. Will it be fine. I am asking too many questions


    Quote"As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.

    All the same, I would still get a H-4 as this will be advantageous as,

    1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?

    2. AP takes a long time to come and she has to make an urgent trip back home?

    3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.

    The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can."





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  • myeb2gc
    04-25 11:46 PM
    Hi ram,

    I am exactly in similer situation as you in.

    I have the following question:

    # When you did your H1 transfer, how many years you got extension?
    # What are the documents that you sent to COMPANY B?
    # When employer A is good to take you back to his company before filing 485 why are you filing labour again!!!, I understand that for safer side you were filing labour again, I am trying to know does employer A should revoke 140 since we left him (Is this rule / Law to revoke 140's of non existing employee!!!)





    gc28262
    01-16 09:42 AM
    can we just buy a vacation for the burger king (a.ka. steve king) and ask him to go to bahamas or cancun or somewhere.... so that we can pass the recapture bill....

    Maybe we can offer him a horse ride to nowhere. He will get enough time to think about "cruelty to horses".:rolleyes:





    little_willy
    09-14 03:41 PM
    Just heard the ad on this radio. concise and to the point, I would have preferred a more serious voice though.

    Great work IV!



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