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  • vikramy
    01-08 11:05 AM
    Is Attorney coming today?





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  • roseball
    04-02 12:19 PM
    Hi All,
    My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

    1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
    2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

    3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

    4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

    5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

    6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


    Please reply.
    Thanks in advance
    Chinna

    Just apply her H4 asap. No need to upgrade your pending H1 extension to PP (unless your employer is paying for it). Only your H1 application will be processed under PP. They will process H4 under normal processing. Both applications are processed under PP only when they are applied together. There is no separate PP service for I-539 application. I don't see a big issue here since not much time has passed since her H4 expiry. I have seen worst cases, more than 2 yrs before realizing H4 expiration. Like others suggested, no need for her to travel outside the country for stamping. Just file I-539 asap and go from there.





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  • bitzbytz
    07-13 02:24 PM
    i backup admin...no threads for illegal issues. May be we can use private messages.





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  • waitin_toolong
    01-15 10:39 AM
    To reeneter you need approved I-797 of the employer that you will be working for as well as unexpired H1 stamp. Stamp can be for the other employer as long as it is not expired.

    You cannot eneter using the receipt, you need approval. So if it seems to be taking a long time to get approval go ahead and upgrade your petition to premium



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  • At the Cherry Blossom Festival



  • chanduv23
    03-14 05:51 PM
    Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.

    You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.

    u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off





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  • Cherry Blossom Festival



  • chanduv23
    11-20 08:57 PM
    ^^^^^^^^^^



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  • velan
    06-22 01:56 PM
    Well said. Be positive and work with IV core team to get something done.


    Just an assessment on where we are collectively as a group:

    312 new members in June 2006
    1100 new members in May 2006
    1400 new members in April 2006
    1000 new members in March 2006
    400 new members in February 2006
    600 new members in January 2006

    4812 in total membership.

    Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.

    Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.

    I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.

    On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.

    Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.

    Peace out!





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  • dkupadhyay
    11-23 12:59 PM
    Hi,
    I am from India. My previous attorney paper filed my I-140 in Nov. 2006. My new attorney filed I-485 in July 2007. My new attorney has received only the copy of I-140 application and receipt from the previous attorney.
    In late 2008, with the help of a congressman, my new attorney was able to figure out that USCIS has lost my original I-140 application (filed at Nebraska center) and USCIS has issued the same I-140 receipt no. to somebody else. Then USCIS auto-created a new I-140 and gave me SRC receipt no. with filing date as Jan 2008 and as electronically filed by my previous attorney.

    The new I-140 (SRC one) got approved in March 2009.

    Got RFE in August 2009 for my I-485 application asking for the approval notice of my original I-140. My new attorney responded with all the history and the new I-140 approval notice.
    Now I have received NOID for my I-485 threatening that if I don't submit the original receipt for the original I-140 then USCIS will deny my application. The USCIS is saying that auto-created I-140 has been filed more than 6 months later than filing I-485 case and can't be the base for filing I-485.
    The previous attorney has not provided the original receipt of the original I-140 application and is not reachable via any means (doesn't respond to e-mail or phone calls. Office remains locked whenever I tried to visit him). So getting the original receipt from him is almost impossible. USCIS is not happy with the copy of the receipt.
    Right now I don't have any proof (other than copy of the receipt of the original I-140 filing) to support that my I-140 was filed before I-485 filing.
    What should I do in this case? Any suggestion will be appreciated.



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  • Kitiara
    10-16 10:27 AM
    Well done that man!





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  • bbct
    03-13 04:38 PM
    Sorry to hear your situation but USCIS sucks. It is nothing but a deep black hole.

    HI fellow members..

    I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.

    So after 2 years they still have not given me a valid AP document. I refiled again last week.

    I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.

    Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.

    My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.

    Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??

    Pls take a moment to reply



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  • HumHongeKamiyab
    03-16 12:18 PM
    Agreed.. But again something has to trigger the movement. Eg. I can understand that happening, if you file AC21 and you receive RFE. Or Your GC filing employer revoking your I 140 and you receive I-485 Denial letter etc.

    Or it can simply happen any time?





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  • Jeff Wheeler
    06-21 04:13 PM
    all the images are broken, does anybody still have them?



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  • gc_samba
    07-17 02:56 PM
    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?





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  • natrajs
    05-12 10:09 AM
    At last, I received my approval on May 8th 2008. What a relief. I have learned a lot from this fourm. Thanks a lot guys.

    Congrats and Best Wishes



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  • CHERRY BLOSSOM FESTIVAL



  • Jamin
    08-15 09:31 PM
    The receipt number will start either with SRC or LIN depending on whether it is Texas or Nebraska.

    hi,
    where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
    can any1 tell what is the window period b ween check clearance and recipt notice?
    Thanks.





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  • indyanguy
    06-18 02:22 PM
    I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

    Any suggestions from the gurus?

    I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

    For people who filed motion for an appeal, could you please post your feedbacks/experiences?

    Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?



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  • number30
    03-05 07:30 PM
    It's family-based, so I believe the 245(k) act doesn't apply to me. Then again, I didn't really work because buying/selling online takes a few clicks.

    If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic





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  • a_yaja
    06-26 03:10 PM
    Could you please point out the section where it says dual intent for H1 will be removed ?
    You will have to prove that you will come back to your home country after the end of the H1B. Look at page 237 of the new bill. It has the following:



    (c) CLARIFYING THE IMMIGRANT INTENT PROVISION.� Subsection (b) of
    14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
    15 is amended�
    16
    17 (1) by striking the parenthetical phrase �(other than a
    18 nonimmigrant described in subparagraph (L) or (V) of section
    19 101(a)(15), and other than a nonimmigrant described in any
    20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
    21 such section) " in the first sentence; and
    22
    23 (2) by striking �under section 101(a)(15)" and inserting in its
    24 place �under the immigration laws.".





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  • sundarpn
    11-17 11:33 PM
    Another question is when using AC-21 to change jobs via H1b transfer, (or even EAD for that matter)

    how does one bring up the topic of AC-21 to the employer?

    Is is as simple a putting a condition to them saying hey "I will need an employment verification letter from you to ensure that my 485 process started with my previous employer will not be hindered."

    (I am not talking desi consulting coy...but other companies where the HR person might not have a clue of what AC21 is!)





    delhirocks
    07-14 10:14 AM
    Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.

    What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world

    To elaborate on that, S.Korea happens to be on the forefront of technological innovations. Highest per capita broadband use, highest per capita cellphone use...land of samsung and Hyundai

    not to mention great food...korean bbq anyone





    ItIsNotFunny
    05-03 09:23 AM
    Please be positive. What is wrong in signing petition? If you are not convince, don't sign. Please don't discourage others.

    Yeh, may be signing online petition is less or same time as posting one message here :) :) :)



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