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  • stxvr
    07-09 11:25 AM
    "Desi3933- For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location."

    1. From where you found this 50 mile rule. Are you sure about this?
    2. If you have worked on 2 LCAs (1 used for the 1 time 1HB, another during the extension), then in that case they look into the latest (used for extension) OR they look into both?

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  • gcdeena
    04-29 06:36 PM
    Obama takes immigration reform off agenda

    Obama takes immigration reform off agenda - Yahoo! News (

    BUMMER :-(

    WASHINGTON � Immigration reform has become the first of President Barack Obama's major priorities dropped from the agenda of an election-year Congress facing voter disillusionment. Sounding the death knell was Obama himself.

    The president noted that lawmakers may lack the "appetite" to take on immigration while many of them are up for re-election and while another big legislative issue � climate change � is already on their plate.

    "I don't want us to do something just for the sake of politics that doesn't solve the problem," Obama told reporters Wednesday night aboard Air Force One.

    Immigration reform was an issue Obama promised Latino groups that he would take up in his first year in office. But several hard realities � a tanked economy, a crowded agenda, election-year politics and lack of political will � led to so much foot-dragging in Congress that, ultimately, Obama decided to set the issue aside.

    With that move, the president calculated that an immigration bill would not prove as costly to his party two years from now, when he seeks re-election, than it would today, even though some immigration reformers warned that a delay could so discourage Democratic-leaning Latino voters that they would stay home from the polls in November.

    Some Democrats thought pushing a bill through now might help their party. If it failed, they could blame Republican resistance, though in reality many Democrats didn't want to deal with an immigration bill this year either.

    Perhaps seeing the handwriting on the wall, top Senate Democrats released a legislative framework for immigration reforms anyway. The draft proposal, obtained by The Associated Press on Tuesday, called for, among other things, meeting border security benchmarks before anyone in the country illegally can become a legal permanent U.S. resident.

    By Wednesday, House Speaker Nancy Pelosi offered little hope that the issue was still alive on Capitol Hill.

    "If there is going to be any movement in this regard, it will require presidential leadership, as well as an appetite, is that the word? ... as well as a willingness to move forward in the Congress," she said.

    House Republican leader John Boehner was more blunt. "There is not a chance that immigration is going to move through the Congress," he said Tuesday.

    Rep. Luis Gutierrez, the Democrats' leading advocate for immigration reform, has said he voted for health care reform on the understanding that Obama and congressional Democrats would move a major immigration bill.

    Even though he would like to see Latinos turn out to vote for Democrats in 2010, Gutierrez said "many will probably decide to stay home." However, he added, a strict, new immigration law in Arizona may change that dynamic. The law requires law enforcement officers to question anyone they suspect is in the country illegally.

    "On one hand you are not going to vote because you don't believe people you voted for are doing a good enough job," Gutierrez said. "Then you say, 'I got to vote, because the enemy is so mean and vindictive, I got to get out there.'"

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  • roseball
    04-19 10:49 PM
    The reason you did not get an approval with I-94 is that it seems your current status is valid only till May and I am not sure if your attorney included the documents (I-20) mentioning that you will be enrolled in Kaplan from June - Oct......USCIS wont approve a H1 with I-94 if you do not show evidence that you have valid status till Oct 1st.....

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  • kumar1
    09-22 12:22 PM
    Yes, You Green Card would evaporate after 3 months. Do not take 50% cut!


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  • Bhadwaj
    07-15 05:26 PM

    Here is my situation.

    a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
    b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
    c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
    d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
    e) I have not travelled outside of the country since my last arrival.. (pls see #b)

    Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.

    "An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE

    This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.

    Now, my questions to our experts are
    1. Since I am within my I-94 expiry date., am I in lawful status?
    2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
    3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
    4. What should I do now to correct ...? my I-94 expires in another month.

    Please help!

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  • immihelp1
    10-12 09:57 AM
    you can show either passport or driving licence. They won't ask anything in specific.

    It's your call



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  • paddy.
    02-04 05:38 PM
    I don't think your design skills are quite good enough yet to be starting a studio. No offense but I think you'd be better off with a bit more practice before you step out in to the world of the design industry.

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  • sk.aggarwal
    03-16 06:01 AM
    When you get insurance from employer, you pay with pretax money. With online policy you will have to pay with taxed money. Unless it is atleast 30% cheaper than one offerd by employer, I will not go with it. You may be able to get tax deduction later, but it has limits


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  • calboy78
    08-10 01:38 AM
    It needs action - not talk.

    The system created by DoS and USCIS is highly unfavorable for EB3 people.
    DoS is not giving enough visa numbers to EB3 - the category is "U" for now.
    USCIS is very lame in processing 140 of EB3.

    Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3. In fact most EB3 people in queue today are like this...on top of that, DoS/USCIS has lumped lot of different kind of workers in EB3 - who should be in different category (probably EB4). Overall, very unfair situation for EB3 people.

    We all (no matter whether EB1/EB2/EB3) need to support IV to get unused visa numbers recaptured. This will help all EB categories. Without visa recapturing EB3 especially is doomed.

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  • Aah_GC
    07-08 10:20 PM
    Most Indian companies fall under the same category, it depends on what you want to achieve in your career. It might be a great idea to join a company like Satyam as a senior exec taking on offshoring strategy execution, but if you are looking for a consultant job on H1, the experience might be similar to Infy, Wipro et al. These companies try to exploit their popular brand image in India and talk in terms of offering competitive career path in the USA - but you gotta be smarter than that.

    Make sure you ask for - 1) A good deserving salary along with Cost of living benefits 2) Commitment (Written) on GC sponsorship 3) Relocation benefits (if they are going to move you every 6 months, they better pay all of what you incur) 4) The customer you are going to work for and your job responsibilities (for all you know they might get you in as Programmer then make you just coordinate stuff with offshore or "support" their applications onsite; both are big time career killers).


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  • Enebreus
    01-19 09:09 PM
    I thought I was detecting that error...

    Saxx, try making sure you don't have other Flash windows up. I'm using the Sound Spectrum analyzer and it doesn't like to share with other flash apps. Close any YouTube windows you have up and try again please.

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  • ras
    08-01 10:37 AM
    one of the stories posted on the thread about lawyer negligence.

    [B]Hi ,

    One of my cousin was working for a consultant firm from 5.5years and their company lawyer filed his labor in 2005.Whenever he called his lawyer for status checking,lawyer always replied that his case is pending.When he checked his case status online last week,he came to know that his case was closed.Reason was lawyer did not respond to notices from uscis in october and november 2006.And whenver my cousin emailed his lawyer, lawyer always responded only over phone and not by emails.So can anyone suggest,as to how to go about this case?Does he need to sue his employer or lawyer for misleading?Is this the master trick of employer or lawyer?And now no option for substituted labor too!Can his case be reopened again or will he have to file his labor again?


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  • met3259
    07-18 04:40 PM
    i was reading just now,
    and I know that each year only 140000 green card is allocated for EB category.

    I have several question regarding this number/quota:

    1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?

    2. I keep hearing of this 7% cap for each country, what does that mean ?
    does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)

    thanks in advance :D

    Let me guess - your PD (that is somthing we call a Priority Date -- the date you applied for LC (Labor Certification)) was YESTERDAY?????

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  • snram4
    08-04 06:26 AM
    SA 4319 is not being considered so far. It is not quoted anywhere except IV website. Because CIR is ruled out for 2010 any pro or anti immigrant bill will not be considered most likely. This is just fear that SA 4319 will be attached to any other bill. The chance of passing this bill is 1% without CIR. But with CIR there is 80% chance of attaching with CIR.

    I received the same email too.What a pity.....


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  • ItIsNotFunny
    03-04 05:26 PM
    Congrats !!! I think u should party hard for a long time...

    Kartik, your handle is your short name?

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  • txh1b
    08-18 11:15 AM
    I am not sure about e-filing. Personally, I think efiling is a hassle as you have to go for a biometric appointment while paper filing or efiling does not make a difference in terms of work/result/timeline. I would recommend paperfiling. No matter how modern the front end is, the back end is all paper based and you will leave the people working on your case with a comfortable medium that they are familiar with if you paperfile. :D


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  • bsbawa10
    09-10 12:32 PM
    I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.

    1. Earthquakes
    2. Shooting stars and
    3. USCIS

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  • krishnam70
    05-06 04:29 PM
    Hi Morchu,

    Thanks for you reply.

    Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...

    But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.

    Thanks again Morchu for your responses.

    Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?


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  • ItIsNotFunny
    10-24 01:51 PM
    Why do you want to spent $2000 for lawyer for AC21? If you have same or similar offer letter, why cant you type a simple covering letter for your AC21?Do it yourself. US certified post cost around $2.00. Hiring lawyer for AC21 is waste of money.

    This is true, unless you have some complication, don't go for attorney.

    05-27 05:53 PM
    My parents visited here in US last year. Unfortunately my mother got high fever and admitted in hospital giving me bill of 30000$.

    Insurance company denied my claims as pre existing condition. I tried several ways to convince insurance company but all in vain.

    I negotiated with hospital to pay 15000 and paid off hospital bill.

    I also got a doctor bill later and that went to collections. I didnt pay doctor bill (500 dollars) till today.

    Does this 500 dollar collection notice will effect my mothers next visit?
    If I pay now does it matter anyway?
    Is there any chance of deportation?

    Please advice...

    Not paying the $500 is bad for your credit history. However, they should have no effect on your immigration --- AFAIK, the only thing they check if you were ever on public assistance ...

    11-26 02:35 PM
    Thank you so much for your response.

    So If I understand correctly I will have to staple the current I-94 (bottom part of I-797) from company C to my original I-94 in the passport i.e the I-94 I got at the time of entry (the one which has the company A info , I mean the type of visa , valid till etc.)

    What abt the I-94 from company B(the one which I have the copy of) . Does it need to be stapled too while I am leaving US ? If yes, can I staple the copy ?

    Thanks again for your time.

    I was under the same situation as u are, when i left to india last month. I stapled all I-94 records together and gave it at the airline counter. It is Arrival/Departure Card and they need all the documents to document your status correctly.

    As far as the Interview, I Carried current I-797 original for the interview and carried all copies with me. I had the copy of all approvals NOTARIZED by my Attorney.

    The interview at the embassy was a breeze. No questions asked, none answered :)

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