Saturday, June 11, 2011

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  • rkat
    08-16 11:20 PM
    Thanks a lot everybody for spending ur valuable time replying to my Queries.!

    I applied for H1 and the contracting company (hence will be referred to X in this email) went ahead and filed for my concurrent H1 on april 1 2007. Inspite of me asking for a contract letter or offer letter i was given no offer letter or anything.! DOESN"T USCIS need to see a accepted JOB OFFER along with the I-129 petition.? Isn't that a mandatory thing..?

    Anyway the H1 was filed and i recd. a email from X saying that X has paid the fees in the amount of $1440 in filing fees and $900 in attorney fees...I was elated that the H1 was filed on time...after a lot of anxiety, frustration and living in darkness about the QUOTA, etc...i recd. the RECEIPT NOTICE in May 2007...As of 8/15/07 decision reg. H1 approval is still pending at USCIS...But now of course i have filed for EAD and do not need the H1 because my current H1 job pays well and is quite secure..besides i will receive my EAD in a few months..

    So i now tell X that i don't want to join u in October 1st.....X tell me to remimbure for $900 + $1440 and slaps an additional $1000 in reimbursememt costs...!!! These 1000 costs are called attorney consulation fees...!! For Q's that i had asked X to ask lawyer...These Q's had pertained to the already filed H1b....NO ATTORNEY IN USA CHARGES $1000 to ask them 4 Q's for a H1B case that has already been filed by them..!!!

    So now what do i do...To follow the good samaritan law i will reimburse the 1440 + 900 to X in good faith but why should i pay the additional $1000.??? FOR WHAT..??

    X has also requested from DAY1 to not contact immigration attorney directly...i respected that but i guess it's time to ask lawyer directly now...!!

    How should i handle this sitaution...???? THANK YOU FOR UR HELP>.!!





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  • gcdreamer05
    08-12 06:01 PM
    hello all,
    Lets say you are a citizen here or your son is a citizen becasue he was born here.
    Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)

    Then when he want to work there dose he have to get a VISA like us comming here to work ?

    I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.

    so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.

    also if you reject the US citizenship and US is not going to give you any visa..ever !


    Sorry i dont have an answer for your question, but reading this i was very surprised because there used to be some forward emails going on, saying after 10 years, all angrezi's will be standing in queue outside indian consulate waiting for harra patta....... some kind of mail like that, looks like it is becoming a reality :)





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  • reverendflash
    10-21 01:50 AM
    I bow to all ya'll... :) You guys make my stuff look like a 3rd grader just threw up... :P

    ::bows, realizing he has 2 different colored socks on::

    Rev:elderly:





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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?



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  • ritwik_ind
    11-16 03:17 AM
    This is multi-week process ritwik. I wouldn't expect the public poll to go up any sooner than the 18th.

    :)


    great... Thanks kirupa.





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  • hbk
    04-22 03:33 PM
    Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,

    Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)

    Good Luck to you and let us enlighten us, what happened to your case.

    Prayers to everyone who are in this difficult phase of life extending the H1B.

    May GOD Bless

    Thanks a lot for the response.

    Fortunately my extension got approved for 3 years without any RFE in 3 business days.
    Here are the details...

    Processing Type: Premium Processing
    Receipt Number: EAC-XX-XXX-XXXXX
    Processing Center : VSC
    Applied for : 3 years(Based on Approved I-140)
    Approved for : 3 years
    Fedex date: 04/08/2010
    Receipt Notice Date: 04/12/2010
    RFE Date: N/A(No RFE)
    RFE Responded Date: N/A
    Status: Approved
    Approval Date: 04/15/2010

    Model :Employer(Desi Consulting)--> Vendor--> Client
    Submitted all docs which I have mentioned in the beginning of this thread/topic.

    Again submitted client & vendor letter without end dates. Also just submitted
    contract papers between employer & vendor, had not submitted any purchase/work order.

    Regards.



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  • HV000
    02-24 12:37 PM
    It is important to note that IO vetting the AC21 - I-485 Application for approval HAS TO consider that EXPERIENCE and PERFORMANCE can comand greater salaries in the free job market!!!! This is VERY important since there is a hugh time gap between LC and I-485 Approval especially for non ROW countries!!

    USCIS should NOT be intervening when companies can provide higher salaries for same or similar jobs to QUALIFIED candidates.





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  • ramaonline
    11-21 02:56 PM
    Could you be a little specific?
    Was your h1 approved or did you get RFE (Request for evidence). Did your attorney receive the approved petition? Are you currently in the US or outside US?



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  • snhn
    09-27 09:59 AM
    I am not very well informed legally, but sometime back we had a meeting with our company immigration lawyers and they said once filed, the catagories can't
    be changed.


    so why dont you look at the palnets and tell us what the futre hold for us.. you are doing on astroqury.com

    Lets see what the future holds for us.





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  • sammyb
    03-20 02:54 PM
    I was wondering with only 4 clean posts how could you get a red dot :) ...

    and on the issue of SSN, when I first came to this country I had gone thru the same but in my case I got the card after 6 weeks of the application ... but this wait was painful ... fortunately my company provided me salary advance (or say some money in advance which they later adjusted with my salary) and I survived ...



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  • nave_kum
    07-19 09:26 PM
    [QUOTE=srsrsr]Hello everyone!

    I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!

    Thanks,
    Raj[/QUOTE

    If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.





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  • mhtanim
    10-07 01:39 PM
    So, you can keep driving in Maryland with your Ohio license as long as it's valid but you cannot get a Maryland drivers license because of some stupid notes written on the Ohio license?

    This is really frustrating to see how some states target (segregate?) the legal immigrants.



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  • indianabacklog
    07-30 08:59 PM
    The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.

    Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.

    Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.

    I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.





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  • raysaikat
    05-30 01:22 PM
    Hi,
    I am on OPT till August 2009.
    However my F1 visa expires May 30 2009.
    Also I do not have a job at present.

    Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?

    Worried,
    P

    The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.

    Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.



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  • newlife2
    09-19 12:03 PM
    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.





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  • gee_see
    11-19 10:12 PM
    My online status has been showing 'Finger printing fee rejected and case now in suspense' since july 2006 although i had my FP done in Aug 2006.

    I've called customer service many time to correct this issue but no luck so far. Also my attorney sent mail/follow up with USCIS and it did help either.

    Now i've stopped looking at on-line status....



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  • silibili
    05-03 11:20 AM
    I and a bunch of friends want to join the state chapter for Alabama, but I could not find the details. I also searched in the State chapter page:
    ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)

    Could someone provide the details?

    Thank you





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  • ksrao1234
    05-28 09:03 PM
    Even i am in same boat. My case was pending since 2003 (from Oct 2007 with local office). Security and background check pending with senators enquiry. This month i filed WOM. Waiting for response.





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  • WeShallOvercome
    07-31 12:41 PM
    I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.

    Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.


    You are right but the same condition exists for filing I-485.
    If they allowed you to file I-485, that means they will consider everything else in the same spirit... I'm pretty sure those children will not age out!





    ysiad
    08-11 06:18 PM
    why would address change delay processing ur 485? This is the most ridiculous question ever asked. Inviting panic, for the heck of it....

    just make sure u have some overlap where u can receive mail on both addresses just to account for uscis delays in address update....they r not going to penalize u for moving.
    Well, I read someone said if you change address, USCIS might think you changed the job and give you a REF. That might casue delay... Since I don't know how the process work, just want to make sure this will not happen.





    techskill
    08-10 04:55 PM
    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)


    Correct me if i am wrong. In May Visa bulletin the PD date was April 2004 and in June 13 th Visa bulletin it was Current for July filer and after that everybody knows about the fiasco. How come you filed in June when your PD was not current (Your PD in mail is Dec 2005)?



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