Wednesday, June 8, 2011

sky

sky. Blue sky with white fluffy
  • Blue sky with white fluffy



  • sundarpn
    07-08 11:44 PM
    Wired response from you lawyer. Talk to HR.

    Anyways Congrats!





    sky. Beneath The Blue Sky - Bright
  • Beneath The Blue Sky - Bright



  • USDream2Dust
    09-24 06:38 PM
    Guys.Don't make the mistake that I made.

    When you do medicals, get a copy for yourself as the doctor would seal the form and give you. Keep a copy for yourself.

    I went in to get Physicals done and was charged 580$ for me and my wife.

    they normally charge 200$ per person which is quite normal here in NJ/NY.

    But they couldn't fine a record for me and had to order blood work and charged me160 for it. Also gave me 25$ flu shot.

    On top of all they won't use my insurance for physicals.

    SUCKS!!!!





    sky. Air Battles: Sky Defender
  • Air Battles: Sky Defender



  • sunderbans
    04-07 09:31 PM
    thanks for your reply.

    my wife H4 was denied since it was applied after 2 months of I 94 expiration (july 1,2010)but we also sent the I 94 correction based on my H1B notice untill March 10,2011 since there was mistake at POE in jan 2010. On March 18 we received I 94 correction until March 10,2011. Hence now actual out of status is from march 10,2011. So we decided for her to go to India for stamping. But we also filed for MTR still my attorney adviced us to go to India for stamping since we don't want to cross the 180 day period.





    sky. Oct
  • Oct



  • permfiling
    01-15 09:48 PM
    There is a immigration reform bill in 2009 . Check this out

    http://lawprofessors.typepad.com/immigration/2009/01/first-ten-senat.html

    Is IV contacting the senate/ house?



    more...


    sky. Keywords: thunderstorm sky
  • Keywords: thunderstorm sky



  • ashshah
    01-18 01:28 PM
    its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?

    If this is a just a theory, then check your facts first, before you claim "the possibility is real".

    I agree with you. Lot of times people just assume things and make it real. While one may face issue at Labor/I-140 stage because of recession but it should not be that bad. Also the US government is working on stimulus package to avoid recession. So who knows we may not see a big recession after all.





    sky. winter sky sunset background
  • winter sky sunset background



  • jetr
    08-27 01:22 PM
    >> My qn is what if company A cancels my 140?
    3 year H1 extension may be denied.

    >> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
    Yes.


    ____________________
    Not a legal advise.

    Thanks desi3933.
    My followup qn to this is ..

    If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?

    Thanks



    more...


    sky. sample sky-camera image
  • sample sky-camera image



  • chanduv23
    03-08 08:30 PM
    Do the stastics actually show spilled over numbers? ie if EB1 India has depleted 3K visas, does it mean upto 3K were used because they got spilled to Eb2 and Eb3?





    sky. Why is the sky blue?
  • Why is the sky blue?



  • sparky_jones
    10-01 11:26 AM
    I found this thread on ImmigrationPortal.com forum with suggestions from "ginnu", who appears to be a well-respected, knowledgeable and trusted member on that forum. Has anyone successfully tried this approach?

    http://www.immigrationportal.com/showthread.php?t=263279



    more...


    sky. Wilco - Sky Blue Sky
  • Wilco - Sky Blue Sky



  • uma001
    05-25 08:33 AM
    Which masters you want to do . MBA or MS comp science





    sky. early autumn sky here at
  • early autumn sky here at



  • Vishal2007
    02-04 06:30 PM
    definitely your entry should be deneid, you are not uncapale to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic voilence there are on citizen/GC (either one of them),



    more...


    sky. Blue Sky Texture, Clouds
  • Blue Sky Texture, Clouds



  • eb2_mumbai
    10-28 03:48 PM
    Lets not be judgemental. The guy has done thing that is legal. Morally right or wrong does not matter. The only advice I have is furnish more details so people who have been through similar experience can help you.

    FYI. I do not have a substitute labor. I have my own labor and know people who have superseeded me in line and are already GC holders. But then that is life I dont care what they did or when I get my GC I have better things to worry about.





    sky. Night Sky at Great Basin NP
  • Night Sky at Great Basin NP



  • sircaustic
    07-22 09:50 PM
    Responses are welcome...

    Thanks!



    more...


    sky. looking at the sky friday
  • looking at the sky friday



  • RNGC
    04-25 05:36 PM
    This is my second renewal, first time did it online it was smooth! This time the online process seemed little different, they were asking for few info at a time and we got to click the continue button...I was just doing fine and was waiting that at some point it would show the complete application for me to review, but I got to the last page and said something like "Submit" or "Finish" and I did ...everything was ok got the confirmation....OOPS, left the date of last arrival blank! Had put the Port of arrival correct, but left the date blank!

    How is this going to affect my EAD, anyone had similar experience ? In the confirmation, it had instructions that I will get notice for finger printing appt and other documents to be sent.

    Really pissed off! Very bad mood today!

    Can't the system check for missing information! Even mom & pop online services check for all information before accepting! Anyways, no excuse for me , I should have been careful!

    Anyone who got a RFE for missing to information and how long it took after responding to the RFE, Please share your experiences!





    sky. Smiley in the Sky
  • Smiley in the Sky



  • Immigstories
    01-17 07:17 PM
    Thank you both for sharing your thoughts...

    I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

    For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

    I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.



    more...


    sky. sky
  • sky



  • sxv7392
    12-11 01:22 PM
    I really appreciate what the CORE team is doing. I just found out about this a few weeks ago and I see lot of thing happening. I am willing to help in any way possible. I need some direction..............................





    sky. S.T.A.L.K.E.R.: Clear Sky
  • S.T.A.L.K.E.R.: Clear Sky



  • sunny26
    08-02 04:40 PM
    Hi
    I dont understand what is the good news in this.EB3 may 2001? what is good in that?

    Am i missing something?



    EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.

    For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.

    Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.

    Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.

    One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.



    more...


    sky. sky image
  • sky image



  • walking_dude
    09-25 01:27 PM
    And while you guys are at it, a clearly visible ( in bold or red) message at the top of every messageboard/forum can improve the situation making it clear in legal terms.


    Something like "The opinions expressed by the members are their own personal views. IV neither endorses nor rejects any views expressed by it's members. IV is not responsible for the views expressed by it's members " [ or something to that effect in "legalese"]





    sky. Sea Sky. Prints available.
  • Sea Sky. Prints available.



  • 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





    sky. Sky Plus those chemo sessions
  • Sky Plus those chemo sessions



  • neoklaus
    11-01 01:44 PM
    EB3(ROW)

    NSC ( I 485, EAD, AP)
    Receipt: Aug.16
    RN: Oct.1

    FP(notice): Oct.22
    FP: Nov.9

    EAD: me+child:Oct.24
    wife- not yet

    AP: nothing





    needhelp!
    10-19 01:35 PM
    Hi all

    We want to make IV famous at this event and need sales personnel to talk to visitors.

    Please sign up on this thread if you would like to volunteer for this task.

    We need all the help we can get. 30,000 + attendees expected to attend the event.

    This will be on Nov 10 th 2007 from 3pm - 11pm. Please vote and let me know if you can be there for the entire duration or choose a time slot.

    Thanks!





    CADude
    04-07 11:08 PM
    If applicant applied AOS application then can get one year entension. I will come to know by may end. :)

    H1B extension beyond 6 yrs is possible under 2 circumstances:

    a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).

    b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.

    So CADude should get 1 yr extension is worst case.

    Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.



    No comments:

    Post a Comment