VenuK
07-10 07:35 PM
Hi SDDesi,
That's a good point. i will talk to my attorney and senior attorney from other resources.
Thanks,
Hi raysaikat,
I talked to my attorney about the security clearance and he said my security clearance is done successfully. basically, FBI will do all that behind the scenes thats what my attorney said, they back check in bio-data since i came into US,
then
only i have received approved I-797 with company Y on Jun 5, 2008.
addition to it, i have a letter (from my attorney) from an expert opinion who is the Professor from University of Maryland on my Education and Work Experience. correct me if this is wrong.
coming to second point
i dont think my current client will give me that kinda luxury working from remote place,
what is TAL?
what information is provided there.
what do i need to look for in there.
do u have any link where i can look into it, if so pls email me at
kvenu135 at hotmail dot com
please email me anyone who reads this thread/post with your advices.
I would be more than happy to appreciate it
With Thanks,
Venu
That's a good point. i will talk to my attorney and senior attorney from other resources.
Thanks,
Hi raysaikat,
I talked to my attorney about the security clearance and he said my security clearance is done successfully. basically, FBI will do all that behind the scenes thats what my attorney said, they back check in bio-data since i came into US,
then
only i have received approved I-797 with company Y on Jun 5, 2008.
addition to it, i have a letter (from my attorney) from an expert opinion who is the Professor from University of Maryland on my Education and Work Experience. correct me if this is wrong.
coming to second point
i dont think my current client will give me that kinda luxury working from remote place,
what is TAL?
what information is provided there.
what do i need to look for in there.
do u have any link where i can look into it, if so pls email me at
kvenu135 at hotmail dot com
please email me anyone who reads this thread/post with your advices.
I would be more than happy to appreciate it
With Thanks,
Venu
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ss1026
08-03 04:32 PM
This is the latest on my LIN number ...
Response to request for evidence received, and case processing has resumed.
What does it mean ... Any Ideas folks ...
I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it
Response to request for evidence received, and case processing has resumed.
What does it mean ... Any Ideas folks ...
I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it
krishnam70
02-20 07:55 PM
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.
Consult your attorney immediately and do the needful
good luck
kris
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.
Consult your attorney immediately and do the needful
good luck
kris
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snathan
05-29 10:28 PM
Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status
try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.
1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.
1. If you are still with university and the H1 is valid, you are not out of status.
2. If you are out of university and if company A's H1 is valid, you can start work with company A.
If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status
If you are out of university and company A's H1 is not valid, you are out of stats.
Please check with attorney asap.
more...
gsc999
07-17 04:17 PM
Let us start sending Thank you flowers to IV core memebers such as Logic life, pappu ( i know only these two people) Please add to the list if you know anybody belong to Core team.
--
We recently used flowers as a sign of protest. My suggestion is not to send flowers to either IV core or congresswoman Zoe Lofgren or anyone else. That might send a mixed message although the intentions are good.
Instead of flowers, I recommend a funding drive. That would help the core IV to have more resources at their disposal to push for the next step, which is long term solution for visa retrogression.
--
We recently used flowers as a sign of protest. My suggestion is not to send flowers to either IV core or congresswoman Zoe Lofgren or anyone else. That might send a mixed message although the intentions are good.
Instead of flowers, I recommend a funding drive. That would help the core IV to have more resources at their disposal to push for the next step, which is long term solution for visa retrogression.
Rb_newsletter
12-15 06:03 PM
Why did you submit pay stubs for 2+ years? Is it not enough if we submit for last 3 or 6 months?
4) Can I see your Paystubs?
A) Gave him all the paystubs since May 2007.
5) Why are the amounts different in paystubs?
A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.
4) Can I see your Paystubs?
A) Gave him all the paystubs since May 2007.
5) Why are the amounts different in paystubs?
A) Base salary is same, but bonus component varies every pay cycle. Also, my employer had switched to a different payroll company and since then they are running the payroll weekly.
more...
WaldenPond
07-21 08:48 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
Hi Suk,
We have been already working on this. Please see:
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_03-20-06.pdf
On July 30, 2004, an interim rule "Employment Authorization Documents." 69 Fed. Reg. 45555 removed regulatory language limiting EAD validity periods to one-year increments and provides for USCIS issuance of multi-year EADs. The intent of this rule is - USCIS is to begin issuance of EADs with validity periods of more than one year. The reason for this interim rule was that 80%-90% of adjustment of status applications remain pending for longer than one year. Therefore applying for renewal of the EAD every year, as mentioned in the July 2004 interim rule, "creates burden on the applicant" and "creates avoidable additional workload for USCIS".
This change to the EAD issuance policy and practice will benefit employers and individuals, as well as USCIS. Issuance of multi-year EADs and EADs with full periods of validity will also help to reduce USCIS workload and improve process efficiency. With the current practice, issuing EADs with one-year validity periods�in cases where it is likely that re-issuance of the EAD will be necessary�requires USCIS to perform redundant adjudications.
Thanks for your help!
2010 True Blood fans can always
seahawks
08-17 09:46 AM
no refunds, USCIS does not work that way, checks get cashed before they work on a case. Once the checks are cashed, no refunds. The only scenario is if you fell within the cap and they wouldn't accept your application, the whole packet is returned which then will have the checks within the packet. Hope that makes sense:?
more...
thescadaman
12-16 10:43 AM
If EAD and License have same expiry then what happens for license renewal during that last 6 months. It appears, I am going to get in a similar situation. My conern is about the remote possibility - What if my license gets damaged or lost during those last 6 months. As per their current law they will not issue a replacement license since the EAD is not valid for more than 6 months. EAD can be renewed 120 days before and for license to be renewed the EAD has to be valid for more than 6 months.
The last 6 months of "no-license replacement" is making me very anxious.
The last 6 months of "no-license replacement" is making me very anxious.
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tabletpc
10-17 12:15 PM
Can anyone tell me what it means in terms of documents...???
more...
actonwang
06-16 02:05 PM
it sounds like PD is a MUST for approval but for actual processing order , as in backlog queue, it seems purely by luck :(
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neelu
12-13 11:33 PM
Try the easy way first, which would be to go to the port of entry where you got the incorrect I-94 and request them politely. It is really in their hands if they want to correct it.
But then they usually tell you to go out of the country and get a new I-94. If you end up doing this, show the greatest expiration date, be it 797, or VISA, to the immigration officer.
Whatever it is, you need to fix your I-94. Keeping your current I-94 will put you out-of-status once the date expires. Why the complications?
But then they usually tell you to go out of the country and get a new I-94. If you end up doing this, show the greatest expiration date, be it 797, or VISA, to the immigration officer.
Whatever it is, you need to fix your I-94. Keeping your current I-94 will put you out-of-status once the date expires. Why the complications?
more...
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aamchimumbai
05-17 03:11 AM
How long did i take for you to get the vaccinations ? I mean were you done in a day.
Thanks
I just posted another alternative to saving on the vaccines:
http://immigrationvoice.org/forum/showpost.php?p=87048&postcount=20
Basically, if your county health dept has a program, they can give you vaccinations for dirt cheap prices. I paid only $10 per person for Td & MMR :)
Thanks
I just posted another alternative to saving on the vaccines:
http://immigrationvoice.org/forum/showpost.php?p=87048&postcount=20
Basically, if your county health dept has a program, they can give you vaccinations for dirt cheap prices. I paid only $10 per person for Td & MMR :)
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hmehta
05-31 11:32 AM
On the same lines, one of my relative was also denied entry into the US at the Mineapolis airport. She is a widow, 70 years of age, and used to come here to visit her only son and daughter-in-law and their son, since last 6 years. She used to stay for 6 months during the summer time (April to Oct.) and then 6 months in India. But this time when she came here they denied her entry suggesting that you have a pattern of staying here since last 6-7 years at the same time of the year, so you are doing something illegal!!!!......
Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.
Now how can one explain this???....70 years of age, a widow and her only son and daughter-in-law earning together earning atleast 6 figure income, a house of their own.....never went out of status, never extendend her stay beyond 6 months.......doing something illegal? and that too they said that they 'suspect'!....no proof whatsoever.....but according to law, she had to go back....this sucks big big time.
more...
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rb_248
11-14 08:24 PM
I totally agree that we must channelize all our frustration into positive energy. But, sometimes I get a feeling that I don't belong in the US anymore and why should I fight for something that is never going to happen. :(
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for_gc
05-01 10:25 AM
I very much like this idea. I can help you on this if you want. I may not be able to spend much time on it during the work hours but may try to squeeze out something in the evenings, weekends.
I was very curious when CIS/DOS made a comment yesterday that FIFO is very complex to follow. I understand that it has to be complex but on the other hand if we can help them in any ways that will be great.
Also, it will help if we can make this as a IV org level campaign and see if we can get some transparency out of USCIS/DOS as to how they are arriving at the cut off dates.
I was very curious when CIS/DOS made a comment yesterday that FIFO is very complex to follow. I understand that it has to be complex but on the other hand if we can help them in any ways that will be great.
Also, it will help if we can make this as a IV org level campaign and see if we can get some transparency out of USCIS/DOS as to how they are arriving at the cut off dates.
more...
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Wish_Good
06-23 06:03 PM
Hi Prashanthi,
Thanks for your Service,
Right now Iam also trying to apply one more H1 extension (my present H1 is valid till July 13, 2009) --with the same employer.
Please advice me.
Thanks a Lot in Advance.
Thanks for your Service,
Right now Iam also trying to apply one more H1 extension (my present H1 is valid till July 13, 2009) --with the same employer.
Please advice me.
Thanks a Lot in Advance.
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123456mg
02-17 02:41 PM
Oh dear, I am so sorry to hear it. I would like to ask some questions to you: Are you leaving the company on your own or getting laid-off? Cause if you are getting laid-off then you can still maintain good relations with your I-140 sponsor so no problems will occur in future. If oyu are leaving because of some employment concerns and not keeping good relations then I am afraid, you will be forced to use AC21 with H1-B transfer as the only option. Request the new employer to sponsor you for I-140 so that you will continue gettin gH1-B extensions in case your old employer withdraws the I-140 pending application.
I am not an expert and this is just my opinion.
I am not an expert and this is just my opinion.
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chandarc
08-01 11:52 AM
YouTube - Piya Tu Ab To Aaja (http://www.youtube.com/watch?v=bua_QY1awj8)
here is another...
YouTube - hum tumhe chahte hai aise (Film - Qurbani) (http://www.youtube.com/watch?v=injlNuvSXMY&feature=related)
aap jaisa koi meri zindagi mein aaye
http://www.youtube.com/watch?v=5o5C1yUlx6w&feature=related
here is another...
YouTube - hum tumhe chahte hai aise (Film - Qurbani) (http://www.youtube.com/watch?v=injlNuvSXMY&feature=related)
aap jaisa koi meri zindagi mein aaye
http://www.youtube.com/watch?v=5o5C1yUlx6w&feature=related
sanju
01-22 03:39 PM
Hello,
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.
The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.
Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.
Here is what Bill Gates said last year testifying to the congress -
"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."
Source: http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
Welcome to the club buddy, we are going to be in these forums to long many years.
psk79
05-30 12:29 AM
From my attorney and my understanding, say u have h1 and u started using ead.. later on u still have the unexpired h1b and u wanted to go back to h1 from ead, then all u do is go out of the country and go for visa stamping using ur h1 approval notice. Then you wil enter the country in h1b with a new i94 at POE. Then u are all set...
Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...
Hope that helps...
Say ur visa stamp in ur passport hasn't expired, then they said you could do an amendment or some change in ur h1b and get it approved. this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b...
Hope that helps...
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