Wednesday, June 15, 2011

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  • smiling08
    09-12 12:21 PM
    I am in this case, and I am on my OPT in the US. If I have the I-794B now, and will be valid Oct 1, 2008, can I change my employer and transfer H1-B? Or I have to activate it first. Thanks a lot!

    your employer while applying the h1b , they did not applied for change of status to h1b. they just applied for h1b only. so you did not got the i-94.
    so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.

    since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.

    hope this helps





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  • navin80
    06-20 09:30 AM
    I am in a similar situation. But my employer previous employer says he would file for 485 only if I return to my old company.
    so, If I need to go back to him,

    1. Do I need to transfer my H1B back to the old company. My 797 expires in Nov'08





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  • vinabath
    03-24 03:10 PM
    Thanks for the news vinabath. You know what?

    Indian cricket team won the world cup last night. They beat West Indies.

    Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.

    Nice one buddy. LOL.





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  • thomachan72
    03-04 09:29 AM
    Isn't there something called I-9 also that has to be maintained by the local HR?
    So basically the HR should pocess copies of the latest visa/I-797, I-94, LCA/I-129 and I-9?
    Correct / add if anything is missed. This is important for people who work in facilities other than corporate headquarters also where the files will primarily be maintained at the corp headquarters.



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  • sc3
    08-14 03:57 PM
    What troubles me is the "agreed on paper" part. Clearly, your employer has violated H1 terms by not paying you. DOL is bound to take action against your employer for it. However, H1s are not supposed to work in the kind of agreement you seem to have setup. Given that fact, DOL inquiry will probably affect you too. Talk to a lawyer about your options before going to file a complaint against your employer.





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  • jungalee43
    03-25 07:01 AM
    Today Times of India has published an article "Immigrants cost Americans low-skilled jobs". They have referred a study by Center for Immigration Studies. I have already written to TOI for publishing this and urged them to stop helping anti-immigrant groups by publishing such articles. All members please post comments on this article and ask TOI to stop nonsense. whether low-skilled or high skilled this is going to help anti-immigrant cause.

    http://timesofindia.indiatimes.com/articleshow/1463861.cms



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  • vxg
    09-10 03:46 PM
    I'm in the same boat. Got my CPO mail 2 hrs after filing an SR last week, but still waiting for my better half to get the approval. I had filed a separate SR for her and it returned with a standard "will get back in 60 days" response. Oh well, after waiting many years I can wait a few more days...

    On a brighter side since your wife is derivative on your case even without GC she can work on EAD and can work any job no AC21 or what is written as job responsibilities in labor cert hassle. Though it is still some financial pain to renew EAD and AP. Good luck.





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  • sukhyani
    09-04 12:05 PM
    Fellows in pain ...

    It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
    Current Status: Card production ordered.

    I am still at awe and can't believe ... probably will never do until I get the physical card.

    For those interested:
    EB3 ROW - Dec 2004 (first application was April 2001)
    I filed 765 and 485 in June of this year


    Congratulations man!

    now here is the stream of questions :)

    Your Service Center?
    GC approved with Priority date April 2001 or Dec 2004?



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  • WeShallOvercome
    07-31 06:52 PM
    My lawyer also did not file EAD/AP along with the AOS application. The USCIS FAQ 2 says that you can file without the I-485 receipt but you do need proof of delivery. Has the lawyer given you the FedEx / UPS delivery receipt?

    In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:


    My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.





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  • visa_reval
    12-12 11:34 AM
    This is a good doc to help you get started in correcting your I-94.



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  • deepakjain
    06-18 03:22 PM
    Make sure you post all the required document 5 "working days" - If appointment is on monday then your papers should reach by Sat of previous week....

    Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....

    I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...

    Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...

    - Deepak





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  • desi485
    10-09 06:19 PM
    it happened to me when everyone else had received, I was still waiting for receipts.

    emailed my HR and in turn asked lawyer -> advice -> wait for 90 days. if not, then we can ask USCIS.

    in ur case, already 90 days.

    go ask USCIS. u may have to give them proof of UPS or FedEx receipt



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  • Jaime
    09-05 03:51 PM
    Please visit this site http://www.immigration-law.com/Canada.html . You will see that STRIVE bill is about to be introduced in both houses. Also notice that this bill is a bipartisan bill with Democrats in the lead. This increase chances of its success.

    Note that though it is a comprehensive immigration reform bill but it does have some positive provisions, which greatly affect us. For example: The effective yearly green cards will be increased from 140K per year to 290K *2.5 = 725K, where 2.5 is the multiplier for spouse and children as they will be exempted from the quota.
    In simple terms, priority dates will become current as soon as the bill passes.

    Unfortunately, the bill needs to be passed by certain majority and there are three categories of people who will vote on this a) In favor b) Not in favor c) Haven�t decided yet. Category �C� are the ones that need to be convinced to vote in favor of the bill.

    One of the goals of the Sep 18th rally is to meet with the category �c� lawmakers and try bringing then on our side. But if our number is not large enough they will most likely be voting Nay and hence defeating the bill.

    So think and act�.

    Excellent points! All the more reason to attend the DC rally on the 18th!





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  • helterskelter
    06-23 08:33 AM
    Regarding your status in the country, assuming that you acquired the green card before you married, a green card divorce does not change anything with your immigration status, but it may delay your application for full citizenship. I'm not sure if this is helpful since you've consulted about this topic but here's the link for more information about green card divorce Green Card Divorce - LoveToKnow Divorce (http://divorce.lovetoknow.com/Green_Card_Divorce)



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  • Eberth
    10-28 10:12 PM
    hehe, ok lost!

    yeah, and i have lots of trouble on getting new clients, because im a 16 years old high school student, and because of that, people think that is too much money for someone of my age, and others think that a person of my age cant do a professional job, that's the main problem i have :( and i dont know how to go and offer my services,i dont know even what to say ( maybe what reverendflash said with the sign hehe,:smirk: ) also if you could give me some advices, on how to offer webdesign, i'd be greatfull ;)





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  • rama0083
    03-07 12:41 PM
    My wife, who has been with me in the US since 2005, re-entered the US (after a vacation in India) on an H4 visa on JAN-18-2008 but the immigration official at the airport wrongly stamped the entry date as JAN-18-2007? The entry date on the passport is also stamped wrongly as JAN-18-2007. How big a deal is this? The expiry date of the visa is stamped correctly as Nov-2009. I read that the place to get this corrected is the US Customs and Border Protection Deferred Inspection Site where she entered (Chicago):

    http://www.customs.ustreas.gov/xp/cgov/toolbox/contacts/deferred_inspection/

    But when I called the office I got voice-mail. Is there any other way to get this corrected?



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  • pyaradesi
    01-10 12:09 PM
    Hi H1TechSlave,

    I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.

    The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
    The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
    Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
    Now, this report was published in 2003, it has been buried for good reason.

    How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.

    Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".





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  • shreekhand
    04-28 07:34 PM
    Go Utah! ... Go Texas !





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  • booz
    03-25 09:30 AM
    Dear Mr. Chidanand Rajghatta,

    This is in refernce to TOI's article
    http://timesofindia.indiatimes.com/a...ow/1463861.cms

    If you want to print that Laloo Prasad cow was sick and was taken to hospital as the headline news,, fine with me.

    But please don't write about immigration issues when u guys don't research properly.

    We have come here through legal immigration channels and we hope that our GC's or H1b gets cleared soon.

    Most of us would have stayed back if the Mandal comission / V.P. Singh wouldn't have spoiled our lives.





    nashorn
    08-12 03:14 PM
    Who told you they process around 4500 application per day at NSC, or you just figured it out all by yourself? I'd love to konw your source, or how you did it.

    i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.

    anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.





    trueguy
    08-11 04:06 PM
    bump



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