transpass
08-02 07:46 PM
If this is the case, can they take the route of "Follow to join" what are the other options for folks in india?
That I don't know. Probably one needs to check with a lawyer or local consulate regarding the available options...
Regarding applying reentry permit when outside US, please check the recently released USCIS appeals cases...
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_03I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_01I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_02I1223.pdf
HTH...
That I don't know. Probably one needs to check with a lawyer or local consulate regarding the available options...
Regarding applying reentry permit when outside US, please check the recently released USCIS appeals cases...
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_03I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_01I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_02I1223.pdf
HTH...
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sertasheep
08-23 09:42 PM
Dear IV Members,
We are welcoming questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta-Verma.
--------------------------------------------------------------------------
Procedure to send in your questions:
Email us at legal_advise@immigrationvoice.org
Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Name:
City/Area:
Added 08/26/2006: <<Country of citizenship>>:
Question:
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us, to minimize the effort taken by us to clean it up and send it to the attorney. It provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreivations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.
--------------------------------------------------------------------------
We are welcoming questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta-Verma.
--------------------------------------------------------------------------
Procedure to send in your questions:
Email us at legal_advise@immigrationvoice.org
Please provide us with the following information, preferably in the following format, and keep it consise and crisp:
Name:
City/Area:
Added 08/26/2006: <<Country of citizenship>>:
Question:
REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us, to minimize the effort taken by us to clean it up and send it to the attorney. It provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreivations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.
--------------------------------------------------------------------------
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ebizash
07-23 10:42 AM
I have two options:
1. Stick with my current company and take the money.
2. Switch to new employer right away and file new PERM.
With option 2, if I change to this employer, I will lose that good chunk of money.
I don't have a suggestion but a question for you. What is this money that you get if you stick with the company after they lay you off. Why would you lose the money if you join company B? I am sorry I just thought it was kind of strange.
1. Stick with my current company and take the money.
2. Switch to new employer right away and file new PERM.
With option 2, if I change to this employer, I will lose that good chunk of money.
I don't have a suggestion but a question for you. What is this money that you get if you stick with the company after they lay you off. Why would you lose the money if you join company B? I am sorry I just thought it was kind of strange.
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no_more_anger
02-06 05:46 PM
> If you are promoted as IT manager having significant overlap of job functions, you should be fine.
No. That is incorrect. A manager is responsible for managing people (besides other
duties). That is a totally different job description and different category for labor.
Some useful info:
* If you are on H1 and job description changes (like u become a manager), H1
amendmend MUST be filed.
* If you are using EAD, then company doesn't need to file anything. If a RFE comes,
you are required to show proof of job position with job description corresponding to
that of approved labor. If your company is ready to do that (or u can get that somehow),
you are good.
* If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
* Lastly, I know people in many companies where for HR purposes they are still a
developer (or whatever) and for real, they perform totally different job functions (like
marketing). If your company allows this, then it's an option (not legal, but practiced ).
Disclaimer: I am not a lawyer.
No. That is incorrect. A manager is responsible for managing people (besides other
duties). That is a totally different job description and different category for labor.
Some useful info:
* If you are on H1 and job description changes (like u become a manager), H1
amendmend MUST be filed.
* If you are using EAD, then company doesn't need to file anything. If a RFE comes,
you are required to show proof of job position with job description corresponding to
that of approved labor. If your company is ready to do that (or u can get that somehow),
you are good.
* If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
* Lastly, I know people in many companies where for HR purposes they are still a
developer (or whatever) and for real, they perform totally different job functions (like
marketing). If your company allows this, then it's an option (not legal, but practiced ).
Disclaimer: I am not a lawyer.
more...
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rgpr
03-28 09:54 PM
Saikat,
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
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jamesbond007
11-01 08:56 AM
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Keep in mind that his letter stating reduced hours will be of no good. That actually amounts to fraud on the company's part. Do not get into that doodle.
I think the best thing to do is to get a new LCA approved, and amend your H1. If your new salary is still more than the government published rate for that type of job in your region, a new LCA and amended H1 may not be necessary.
I will search for similar cases and post here if I find something.
Good luck.
Keep in mind that his letter stating reduced hours will be of no good. That actually amounts to fraud on the company's part. Do not get into that doodle.
I think the best thing to do is to get a new LCA approved, and amend your H1. If your new salary is still more than the government published rate for that type of job in your region, a new LCA and amended H1 may not be necessary.
I will search for similar cases and post here if I find something.
Good luck.
more...
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desi3933
02-14 08:29 AM
Hello all,
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
No, not that for 10 years.
Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.
The applicant need to
1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.
__________________
Not a legal advice.
Is there a law that grant green card for a person who's been in the States legally for more than 10 years?
Thanks
No, not that for 10 years.
Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.
The applicant need to
1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.
__________________
Not a legal advice.
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zCool
02-20 09:03 PM
Just wait it out till you get I140 approved.
What is the hurry?
What would happen in another 6-12 months?
In you case, lets say company B decides to let you go .. then at least you should get them to agree to give support till 140 comes thro'
Otherwise they will be well within their moral right to withdraw 140 app and then where will you be?
Why do you want to do it? JUST WAIT IT OUT!
What is the hurry?
What would happen in another 6-12 months?
In you case, lets say company B decides to let you go .. then at least you should get them to agree to give support till 140 comes thro'
Otherwise they will be well within their moral right to withdraw 140 app and then where will you be?
Why do you want to do it? JUST WAIT IT OUT!
more...
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CaveMan232
10-25 04:48 PM
Dear Admin, sincerely appreciate your encouraging words. 10+ Yrs in the country and another 10 yrs to go before seeing the light appears to be highly depressing considering current economic uncertainities.
If it wasn't for the patch up by Immigration dept in 2007, this country would have seen Indians forced to head back home by the 10000's. And those that were fortunate enough to retain jobs or move on to new ones by porting AC-21 are forced to stay in the SAME role with no relief coming from the Govt for AC-21 which would then allow them to get promoted or recognized for their hardwork. Imagine the shock my boss had when I had to refuse promotion as that would jeopardize my GC(expected to be approved in the next 10 years)? And if that doesn't bother you enough, then once every 2 years(thankfully EAD is now valid for 2 yrs), you start fasting and praying that your EAD gets renewed without issues. You get the drift now, don't you?
And that is not to say I do not acknowledge the efforts your team has been putting in. I, along with the many 1000's, truly appreciate the selfless and noble efforts your team has been constantly putting in to bring about bigger changes. THANK YOU!!
If it wasn't for the patch up by Immigration dept in 2007, this country would have seen Indians forced to head back home by the 10000's. And those that were fortunate enough to retain jobs or move on to new ones by porting AC-21 are forced to stay in the SAME role with no relief coming from the Govt for AC-21 which would then allow them to get promoted or recognized for their hardwork. Imagine the shock my boss had when I had to refuse promotion as that would jeopardize my GC(expected to be approved in the next 10 years)? And if that doesn't bother you enough, then once every 2 years(thankfully EAD is now valid for 2 yrs), you start fasting and praying that your EAD gets renewed without issues. You get the drift now, don't you?
And that is not to say I do not acknowledge the efforts your team has been putting in. I, along with the many 1000's, truly appreciate the selfless and noble efforts your team has been constantly putting in to bring about bigger changes. THANK YOU!!
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jasmin45
08-10 07:33 PM
Hello everybody,
How will this work for my wife (who is on H4 now)?
If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
Or MUST my wife also be present in US to file the I140/485?
Pls advice.
thanks,
-Prasad
Both of you have to be in US to file 485. You may co-ordinate with your attorney while in India to prepare the paper work. Fly to be here atleast on 16th August, Sign the applications and ship it overnight to USCIS so that it reaches them on 17th August.
How will this work for my wife (who is on H4 now)?
If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
Or MUST my wife also be present in US to file the I140/485?
Pls advice.
thanks,
-Prasad
Both of you have to be in US to file 485. You may co-ordinate with your attorney while in India to prepare the paper work. Fly to be here atleast on 16th August, Sign the applications and ship it overnight to USCIS so that it reaches them on 17th August.
more...
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vamsi_poondla
12-20 08:03 AM
Receipt Number: SRC0XXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice Returned as Undeliverable.
On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..
I have not yet got the FP appointment. Could this be the letter for that or something else serious?
After filing, my address changed.
I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice Returned as Undeliverable.
On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..
I have not yet got the FP appointment. Could this be the letter for that or something else serious?
After filing, my address changed.
I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.
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sc3
09-25 02:10 PM
Usually when a lawyer gets blacklisted, there's lots of chaos. The lawyer's new reputation spreads like wildfire and there's a lot of staff changed. A lot of clients fall out.
In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.
All of them told me the same story. Too many miracles, case got investigated, blacklisted.
Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.
Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.
In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.
All of them told me the same story. Too many miracles, case got investigated, blacklisted.
Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.
Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.
more...
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immiusa
08-14 03:18 PM
You can start Tata Motors car dealership. Once the nano starts hitting roads. there will be a huge demand for nano
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srikondoji
12-17 02:08 AM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4406.html (January 2009)
Eb2 advanced by one month and EB3 by 15 days.
Enjoy the new year
Eb2 advanced by one month and EB3 by 15 days.
Enjoy the new year
more...
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ras
06-04 02:34 PM
This is useful for those singles who have applied for green card but are worried about getting it before being married. And there appears to be quite a number of them.
Even if it is not useful for all those married green card applicants, this is a huge thing for the singles even if they are in the long Q. This is a long term solution for a section of the IV community. Because it is not useful to married doesn't mean that it is not relevant to IV community.
I have seen people who didn't apply during July fiasco though they are eligible just because they cannot bring the spouse if they get married. Absolutely it is relevant to all those singles out there in this community.
Even if it is not useful for all those married green card applicants, this is a huge thing for the singles even if they are in the long Q. This is a long term solution for a section of the IV community. Because it is not useful to married doesn't mean that it is not relevant to IV community.
I have seen people who didn't apply during July fiasco though they are eligible just because they cannot bring the spouse if they get married. Absolutely it is relevant to all those singles out there in this community.
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surabhi
08-11 10:39 AM
Hi
You may already be knowing this. But a note of caution, after hearing few horror stories on H4 going out of status involuntarily.
Extension of renewal on H1 does not mean H4 is automatically renewed. Your new H1b is valid until 2009. Unless you have filed I-539 along with your H1b renewal application, your wife is not going to get new I-94. So if her I-94 is expiring december 2007, she will be out of status after that date, not withstanding your H1B validiity.
It doesnt matter if her visa stamp has your latest employer listed. The single most important thing that will determine her legal status is the validity of I-94 stamp
You may already be knowing this. But a note of caution, after hearing few horror stories on H4 going out of status involuntarily.
Extension of renewal on H1 does not mean H4 is automatically renewed. Your new H1b is valid until 2009. Unless you have filed I-539 along with your H1b renewal application, your wife is not going to get new I-94. So if her I-94 is expiring december 2007, she will be out of status after that date, not withstanding your H1B validiity.
It doesnt matter if her visa stamp has your latest employer listed. The single most important thing that will determine her legal status is the validity of I-94 stamp
more...
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english_august
07-09 08:18 PM
Guys - you can surely spend a couple of hours. And as a bonus, you might even see yourself on the evening news :D.
It's not often that we get to talk to so many media organizations at the same place - this is really a golden opportunity, please don't let it go by.
It's not often that we get to talk to so many media organizations at the same place - this is really a golden opportunity, please don't let it go by.
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mambarg
07-24 07:08 PM
My attorney uses Fedex and we get receipts on time.
I would recommend to use Fedex instead of UPS.
I would recommend to use Fedex instead of UPS.
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AmericanAccent
09-06 10:29 PM
I am not sure how your T and R is ,American Accent has T/R in unique way
American accent uses toungue movements in a specific way (just like any languague has its own movements)
It depends from person to person ,and the teacher helped me personally as per my need
And yes Im still practising my Exercises
IMHO, Any one will not get the accent because of training. One will come closer to the accent only over time. How ever, it will never be perfect.
On the flip side, why would any Highly Skilled Immigrant working in American companies want to learn "accent" off of work. Their work place offers a lot than the website suggested.
Am I feeding a troll? I guess..
American accent uses toungue movements in a specific way (just like any languague has its own movements)
It depends from person to person ,and the teacher helped me personally as per my need
And yes Im still practising my Exercises
IMHO, Any one will not get the accent because of training. One will come closer to the accent only over time. How ever, it will never be perfect.
On the flip side, why would any Highly Skilled Immigrant working in American companies want to learn "accent" off of work. Their work place offers a lot than the website suggested.
Am I feeding a troll? I guess..
ganip
10-30 12:46 PM
Hi,
I recieved my EAD card recently and noticed that the date of birth on the card is not correct(I filled the application incorrectly the montha day got swapped),can you please suggest on what i have to do to correct the date on the card.
I recieved my EAD card recently and noticed that the date of birth on the card is not correct(I filled the application incorrectly the montha day got swapped),can you please suggest on what i have to do to correct the date on the card.
gc_check
02-04 12:16 PM
Yes, I did get 10 yr multiple entry visa for my mom. Sponsored my mom for visa in late 08, Dad no more, and was very worried since she is a widow and couple friends mom's visa was denied with similar circumstance. I'm on AOS, also used AC21. Did included all the documents, including copy of EAD, 485 RN and EVL from current employer. My mom works for central govt, in addition to docs I submitted she also took a NOC from her office and also a leave approval showing 3 months leave and copy of document showing property (only home) ownership in India. But nothing was asked/reviewed except a couple question about the sponsor(me) like work, duration of stay in US, last time in India, etc and was issued a visa. Ensure the paper work is done correctly and placed in order. The better the paper work, fewer the questions. Good luck.
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