TEKNMEK
02-10 12:55 AM
Thanks everybody for your suggestions. Unfortunately canada is not a option. I have sent an email to Chennai consulate for emergency appointment request. Have to wait and see how it goes. Will update you all with any information I find out.
Thanks
Thanks
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binadh
07-09 01:44 PM
I have made several attempts to get my money back from my previous lawyer without any success. After complaining about his services, he has sent me an email saying the he will return half of the money because he was not prompt on processing my case and I was not happy with his services. I received that email about 6 weeks ago and haven't seen a dime from him yet. And I do not think I will get my money back from this guy. This was paid for creating my job profile and filing the labor - what this bastard calls an initial retention.
Is there any specific website/forum where I can post my experience with this guy so that others will not take their business to this scammer. Please let us know if there is anything that we can do about this type of guys?
Is there any specific website/forum where I can post my experience with this guy so that others will not take their business to this scammer. Please let us know if there is anything that we can do about this type of guys?
yabadaba
05-21 07:29 AM
was this when you were entering canada?
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delhirocks
06-29 11:30 AM
Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.
There is no quota for I 140, the employer is just trying to save money.
There is no quota for I 140, the employer is just trying to save money.
more...
aranya
07-03 10:26 AM
agree with amsgc regarding H1 "transfer"
AFAIK,
1] One can enter US on a valid visa stamp in the passport based on a previous employer if you have a valid current status with the new employer. It looks like you are not there yet because your new H1 has not been approved yet. A reciept notice is not enough to enter.
2] You are currently working for Employer B and you do not have an employer-employee relationship with A anymore. So it maybe considered "lying" to the USCIS/ICE/Border Patrol if you attempt to enter US claiming that you work for "A".
3] Going out of the US while H1 application is pending automatically invalidates the application.
Talk to a lawyer before you go.
AFAIK,
1] One can enter US on a valid visa stamp in the passport based on a previous employer if you have a valid current status with the new employer. It looks like you are not there yet because your new H1 has not been approved yet. A reciept notice is not enough to enter.
2] You are currently working for Employer B and you do not have an employer-employee relationship with A anymore. So it maybe considered "lying" to the USCIS/ICE/Border Patrol if you attempt to enter US claiming that you work for "A".
3] Going out of the US while H1 application is pending automatically invalidates the application.
Talk to a lawyer before you go.
kriskris
08-19 11:10 AM
I posted the following at another forum on this topic:
It is from this link:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9aecd408423b3f800b01aa0c83db a52
Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.
This is from FR 17172 which you can find at:
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_register&position=all&page=17172
Thanks for the info. Good to know abt this.
It is from this link:
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9aecd408423b3f800b01aa0c83db a52
Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.
This is from FR 17172 which you can find at:
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_register&position=all&page=17172
Thanks for the info. Good to know abt this.
more...
sundarpn
05-29 09:51 PM
Oh I did not know that one person can send webfax for each state.
When I click that link it said "You have already sent it"
I'll check again now
When I click that link it said "You have already sent it"
I'll check again now
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H1B-GC
06-25 09:54 AM
This is not correct.
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
Below are the links that might be of interest. a discussion is going on i other immigration forum.
FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)
US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)
Thanks for your thoughts on this!!
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
Below are the links that might be of interest. a discussion is going on i other immigration forum.
FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)
US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)
Thanks for your thoughts on this!!
more...
JunRN
08-11 05:19 PM
That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
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irock
08-03 05:20 PM
Hello,
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
As rustamehind mentioned, file Motion to re-open. If you get your EAD before re-opened H1B is approved/denied, you can start working on EAD.
btw, do you know the reason for denial? what RFE you got? What center you applied? I hear lot of RFEs/denials from California center.
I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
Please help.
Thank you.
As rustamehind mentioned, file Motion to re-open. If you get your EAD before re-opened H1B is approved/denied, you can start working on EAD.
btw, do you know the reason for denial? what RFE you got? What center you applied? I hear lot of RFEs/denials from California center.
more...
Lollerskater
08-05 12:23 PM
OP are you compiling statistics? For EB2 or EB3?
I'm another July 2 filer for EB3. Still waiting. However, the visa bulletin states all EB3 visas are unavailable and thus, we should be waiting.
Is there some kind of info leading you to think that us, July 2 filers, shouldn't be still waiting?
I'm another July 2 filer for EB3. Still waiting. However, the visa bulletin states all EB3 visas are unavailable and thus, we should be waiting.
Is there some kind of info leading you to think that us, July 2 filers, shouldn't be still waiting?
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pcs
04-17 12:54 PM
Do it yourself & do not depend on your lawyer. Call them. I filed in Aug'05 & got it in 45 days. I used to call their IT guy in DC office & he was very prompt in fixing issues ( which could be IT related)
more...
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EndlessWait
06-18 04:00 PM
Under Part 3.
What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.
I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????
What should one put for
1. Nonimmigrant Visa number
2. Date Visa Issued
3. Consulate Where Visa was Issued.
I'm currently on a valid H1 extension with a valid I-94. The visa on passport has expired and I had got an extension within US. Anybody any ideas????
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chanduv23
03-14 12:07 PM
Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
This trickling effect was already discussed. It is from murthy.com .
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
This trickling effect was already discussed. It is from murthy.com .
more...
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amsgc
06-16 01:45 AM
I haven't had to get that fixed - sorry can't say.
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harivenkat
05-11 01:06 PM
This is happening right now
Senator Patrick Leahy (D-VT) chaired a Senate Judiciary Committee hearing on U.S. citizenship and immigration services. Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services testified before the committee.
C-SPAN Video Player - Senate Judiciary Cmte. Hearing on U.S. Citizenship and Immigration Services (http://www.c-span.org/Watch/Media/2010/05/11/HP/A/32807/Senate+Judiciary+Cmte+Hearing+on+US+Citizenship+an d+Immigration+Services.aspx)
Senator Patrick Leahy (D-VT) chaired a Senate Judiciary Committee hearing on U.S. citizenship and immigration services. Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services testified before the committee.
C-SPAN Video Player - Senate Judiciary Cmte. Hearing on U.S. Citizenship and Immigration Services (http://www.c-span.org/Watch/Media/2010/05/11/HP/A/32807/Senate+Judiciary+Cmte+Hearing+on+US+Citizenship+an d+Immigration+Services.aspx)
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cygent
09-20 10:26 PM
For a home in a nice neighborhood, you will only get a condo for that price in CA. Homes will be in bad areas like S. San Jose, Oakland, Los Angeles - Crenshaw, Inglewood, Long Beach. IN Central Valley, like Fresno, Modesto you might get a good home for that $$ range.
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senthiltamil
09-22 08:54 PM
Mine is in TSC.
Thanks
Thanks
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pappu
03-05 09:01 PM
check the news of the testimony posted by me last month. As per DHS this money was to be also used for enforcement.
sush
08-21 11:33 AM
not sure which center my attorney filed through but on the back of the check, it mentioned St. Paul MN
deardar
09-14 03:56 PM
WOW - 6 to 7 congress men attending the rally- TOOOOOOOO GOOOOOOOOOOOOOOOD.