Wednesday, June 15, 2011

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  • getta05
    03-27 01:10 PM
    Yes Ofcourse it is going to be serious business,
    I mean it is not for the purpose og gaing a GC.
    I plan to buy a franchise as in SUBway, QUIZNOS.

    Is there a minimum # employees that I have to maintain and how soon can I apply for GC.
    Should the employees be permanent.

    Yes I will keep this updated.

    Thank you,





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  • Guest007
    10-06 05:36 PM
    I came in through SFO on sunday with similar situation, faced no problems. One difference is I have H1 reciept. I filed for extension 40days back





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  • Gator
    02-23 09:02 PM
    Hi-

    I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.

    Thanks





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  • trueguy
    10-01 12:17 PM
    Do you think its possible to merge all the databases in just 10 days? How realistic is it?

    Howcome they put such a tight deadline for this database merger ? If they can do this in 10 days then Nov'2008 VB might have few surprises.

    Thanks.



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  • eb2_immigrant
    03-03 06:39 PM
    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.

    Generally desi consulting companies work that way with exception to few good ones. I don't see a strong reason why they do that, May be they want to wait and see if they can avoid paying.

    In case of last months pay, desi companies pay consultants when they get paid from the client. This is unfortunately how most of desi companies pay. It makes us nervous and at times ruins the relationship with employer.

    If you believe your employer and think he is genuine, you could wait but on the contrast if he is genuine why wouldn�t he pay you the money which he is going to get any way?

    Before you take any step against your employer ask him when he can pay you and if he doesn�t pay you as promised then I strongly recommend you to contact a lawyer, I am sure desi employer will come down on his knees and pay you. You have a strong case against him.





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  • fcres
    07-18 04:10 PM
    Call once again to confirm this news. Some times the reps give conflicting answers.



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  • DSJ
    06-21 02:50 PM
    You might save lot of money if you don't apply 485

    Did somebody do research on getting the correct/valid photos for I 485 in the cheapest possible way ?





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  • roseball
    07-28 04:36 PM
    Hi Friends,
    I am an July 2007 485 filer and did the biometrics within couple of months after that. Last year applied EAD and AP by paper filing so there was no biometrics.

    May be its my wild hope... still..

    If by any magic the processing dates moved by Oct. 2009 and I am current(:) I know its very little chance), as I am planning to apply my AP renewals now, is it good to do e-filing since it will trigger to do the biometrics also and there won't be any delay in the form of RFE's in regards to fingerprinting expiry or so?

    Thanks,
    Immi_Chant


    I e-filed both EAD and AP this year and I got both approvals without going for biometrics. This was my first e-filing and all my previous applications were paper based. I only went for biometrics 1 time in Oct 2007. TSC used the photo and FPs from my biometrics appointment for my EAD as I did not mail them any photos. So its not necessary that you will be called for finger printing when you e-file. If they have your photo and FPs digitally stored, they will use them. I assume they would do the same if your PD becomes current.



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  • va_labor2002
    10-27 03:44 PM
    I just skimmed through the page and I see that there are 7 or 8 questions on Highly Skilled Immigration. Any one interested can post their Q as well so that we can make more impact. There are only 300 Q's and I hope he addresses Legal Immigration. Post your Q's. He is an expected Senatorial Candidate in 2008 out of VA.

    Any update on this ? Did he answer any legal immigration questions ?





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  • krishnam70
    07-23 08:41 PM
    I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
    1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
    2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
    3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
    4. What are the possible outcomes for my I-485 under this job change situation?
    5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
    6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...


    If your company is ok with giving you a letter sticking to your original duties you should be fine, there is no need to inform USCIS about it. I know it amounts to misleading but in your situation that is the best you can do.

    good luck



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  • kumar1
    04-02 09:56 AM
    ---





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  • speddi
    09-16 10:31 AM
    I found the address where we need to send the AP Renewal application if using non-usps carriers.

    USCIS - Direct Filing Addresses for Form I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)



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  • go_guy123
    12-06 09:15 AM
    in politics everything is give and take + "my side needs to get the best deal" attitude.

    I am conflicted about Dream.

    On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.

    On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.

    Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............

    Who said it will be like that. They will get their immediate Dream relief (called downpayment by hispanic caucus) and hold the SKIL bill hostage to amnesty. In the past they were holding even dream act hostage to the mass amnesty. Now with the Comprehensive immigration reform looking hard, they are trying to get their own piecemeal items done before they get back to mass amnesty. Amnesty is so politically toxic that they badly need the Agjobs and tech industry lobby behind them.


    Actually SKIL bill will see better chances in the new administration but senate is still under democratic party who controls the agenda there.





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  • pitha
    02-15 01:47 PM
    I am not sure if that is true anymore. Recently US has announced that even US citizens returning from CANADA need to have there passport with them for entering into US. Earlier all they needed was a drivers license. When the US is tightening entry requirements for US citizens I am not sure automatic visa revalidation is still possible. Better follow up on it before going to Canada.


    What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.

    G



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  • sundevil
    07-05 04:38 PM
    Good Catch Jonty, and the guy has the audacity to claim that his(is it really his, or store bought) priority date is 2004. For the sake of thousands who are not scamming the system, I sure hope this guy had sent a single check for 140 and 485 together.

    labor Substitution ....Heloooo!!!!





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  • LostInGCProcess
    02-04 04:48 PM
    need to travel in few days and my AP is about to get approved.

    How do you know your AP is about to get approved? And by the way, you cannot ask USICS to send via FedEx. They have a contract with USPS and they send only thru them.



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  • hmehta
    08-08 01:49 PM
    May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!

    :(
    Hi folks,

    Here's my situation:
    Currently applied for 485 and waiting for receipt
    Will be applying for EAD/AP this week.
    I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.

    Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.

    The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.

    Coming to my question re H1B:
    My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.

    Please advice. Anything will help.

    Thanks in advance.





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  • Prashanthi
    07-22 05:43 PM
    Hi,
    Could you please advice for the below case.

    Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?

    Thanks

    Yes you will have a problem as you received a COS to H-1 and never worked on it from 2006, you are technically out of status for that period. In addition your I-94 has not expired and you are still in the country, if it has expired more than 6 months ago their are other issues of unlawful presence. When you go out of the country for a stamping the officer will look at your status before granting you a H-4. You are in trouble, suggest you take a consultation with an attorney to try and resolve your problem.





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  • WeShallOvercome
    07-26 01:49 PM
    I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.

    All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.

    I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.

    I don't have all the I-94s either. I do have the visa stamp on my passport.


    Man,

    First of all change your title. It looks like you actually did get an RFE !
    Secondly, they do not ask for your status since first entry. They look for last entry.
    I've never seen any RFE like this.
    I know 200,000 people who do not have their past I-797s and/or I-94s, none of them is worried....

    If Immigration let you enter ona visa last time, alll your previous sins are forgotten!

    Chill

    And please change the title





    desimass77
    05-11 01:56 PM
    Yes, my school did query with USCIS and got the confirmation that I am at AOS stage. I got AP valied for one year, but I did talk to the school stating that since I am within USA I will not get I-94 as I-94 is given to people who are entering from outside. As my new AP is issued by USCIS it is a valied document.

    My FAO communicated with their International Students office who handles immigration issues to confirm this and I got my Loan approved.

    Good Luck

    Hi desimass77. How do you convince the school that you are qualified?

    My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.

    Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.

    Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?

    I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.

    Please, if anybody successfully convinced school on FAFSA, please share your experience here!





    PlainSpeak
    02-23 10:54 AM
    Makes sense but a couple of my friends who traveled during the winter break and came back through ATL did not have an issue, so that was where I was coming from.

    As i said you may or may not have an issue. Makes common sense to carry documents if you do get asked. I had issues when i came through IAD in Apr 2009. Things may have improved during the interim. I know of friends of mine who had no issues on AP and i also know of a GC Holder who got stuck in immigration for 5 hours. I guess it just depends on what kind of person is the POE officer in the secondary inspection room



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