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Saturday, June 11, 2011

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  • akred
    04-15 11:33 AM
    It's illegal to work without authorization from DHS. Penalty if detected is deportation from the US.

    Better consult a lawyer and not rely on opinion from an open forum in this case.





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  • InTheMoment
    05-17 06:17 PM
    Actually FP has nothing to do whatsoever with Name Check or when it is initiated. Name Check is a separate process that usually starts within a couple of weeks after you Notice Date. You can check when it is initiated with an Infopass or by talking to a service center IIO on the phone.





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  • h1techSlave
    03-19 11:57 AM
    I can't think of anything other than getting the company immigration lawyer's help in this case.

    On another note, all of here with pending GC processes, should be ready to face the prospect of going back to our home countries. "Hope for the best, but prepare for the worst".

    Gurus,
    I am writing on behalf of a close friend who is too worried to write it for himself.
    Case:
    He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.





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  • sammyb
    10-05 04:28 PM
    Sorry for opening a new thread, Please point me to the thread if this issue is already addressed in some other thread and delete this thread.

    I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-

    Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
    If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?

    Thanks


    I had the same situation when before I apply my GC my company was taken over by my current employer ... there is something called 'successor of interest' .... as I understand the new company will take over ownership of any H1/GC etc that you have with your previous employer ...

    this is just my thoughts .. better you get it verified by your lawer ...



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  • drak70
    10-01 11:05 AM
    USCIS treats g-28 form so seriously that always requires it in original. In the form is a column
    =======
    PURSUANT TO THE PRIVACY ACT OF 1974, I HEREBY CONSENT TO THE DISCLOSURE TO THE FOLLOWING NAMED ATTORNEY OR REPRESENTATIVE OF ANY RECORD PERTAINING TO ME WHICH APPEARS IN ANY IMMIGRATION AND
    NATURALIZATION SERVICE SYSTEM OF RECORDS:
    (Name of Attorney or Representative)
    THE ABOVE CONSENT TO DISCLOSURE IS IN CONNECTION WITH THE FOLLOWING MATTER:
    =======

    Which is plain English is your authorisation under PRIVACY ACT OF 1974 for your attorney to represent you

    I would assume that you send a certified letter/fax to an attorney telling him that you no longer represent him in any way under PRIVACY ACT OF 1974.period. with copy to USCIS

    I think no attorney can continue to represent your interest once you tell him not to without proper authorisation.(it will invite sanction from the Bar and USCIS




    ============not a legal advice===========





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  • senthil1
    04-04 09:57 PM
    If you stay out of country for long time CIS may consider that you may abandon GC.

    I need expert advice -

    My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
    that I am using for my current employment with my current employer

    1. If I get laid-off, how long can I stay in US without another job?
    2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?

    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?



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  • easygoer
    05-15 11:31 AM
    sr225,

    Your experience obtained should be prior to filing of labor and should be for atleast five years. Then it is okay for you to go for EB2





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  • hnordberg
    October 24th, 2005, 12:40 AM
    A weekend based in the City? If the weather is good, Marin, Point Reyes, and urban shooting... If the weather is bad, the city museums, food, and entertainment...
    Sounds great. I haven't been to Point Reyes in a while and maybe we can get some shots of the Golden Gate Bridge from the Marin Headlands at sunset.

    I'll share my bag of glass ;)
    Cool! You can borrow my new lenspen! ;)
    I don't have as much glass as you do, but I'll bring my 5D, which I am still very excited about.

    I am available most weekends. How about you Bob, Kevin, others? It would be great to meet you all.



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  • nlalchandani
    10-02 06:28 AM
    Hi All,

    Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..

    My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...

    meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......

    I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....

    I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...

    In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......

    If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....

    Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...

    Please help...any help will be highly appreciated.

    I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...





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  • 140jibjab
    01-11 11:06 AM
    When you apply for H4 for the new wife. Make sure you take the follwoing:

    1. Divorce Decree.
    2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
    3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).

    All the best

    Thank you so much...

    What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???



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  • saxx
    01-26 05:05 AM
    Perlin circles man, that's great.





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  • nvmurali
    06-02 08:25 PM
    If Your Consulting Company is the negotiating then its good for you that you will be leaving on good terms. I would recommend you negotiate with them to File your 485 when PD available.

    As far joining new Employer, you can only join them with H1B with 140 waiting status.

    What does that mean? how can they file 485 when I'm not working for them? Also - What do you mean by with H1-B & 140 waiting?



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  • srikondoji
    07-23 02:15 PM
    Why the heck you want to track, if there is no significance?
    Wastage of time and server resources.
    Please stop/limit the nonsense.

    For rest of the folks......
    Don't ask for cashing of cheques, receipts for july filers etc. When such a thing happens, people will shout out with a new thread anyways just to highlight it.
    So, please don't start the threads for now.
    Thanks

    There is no significance, just to track





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  • waiting4gc02
    11-16 08:11 AM
    Anyone...can you suggest..?



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  • krishna_brc
    02-23 11:37 AM
    Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.

    Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.

    Or is there any other way to extend my I-94 without crossing the border?.

    Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.

    THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country

    In the below link find the site/airport closest to your current address.

    "http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/overview_deferred_inspection.xml"

    Call up the phone number in the link and fix an appointment.
    Go with Old Passport, new passport and all visa documents and I -94

    Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
    Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.

    Thanks,
    Krishna





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  • seahawks
    03-11 11:03 PM
    Take copies of your I-94 front and back and then submit them at the airport you board the international flight out of the US. When you come back, you will be filling in a new I-94 based on the latest H1/H4 date which you will show the border officer. (I am only stating this purely when your fly, I don't have experience by land)



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  • whattodo21
    04-20 01:44 PM
    the question is when we march with them, will we be marching for amnesty or for our issues. If we are marching for our issues, where, when and who will we be making this case to? I don't consider myself better than the undocumented, but I would like to know will I have a voice?

    One may choose to sleepwalk with this complex (superiority?) that I am not one of them, but the reality on the ground is different. Our cause is hostage to bitter politics and guess what the only way at this point in time we can possibly achieve our goal by playing the politics right.

    BTW in politics right or wrong is rarely a consideration.





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  • Enginator
    09-17 12:58 PM
    My school has a rule where 6 credit hours for grad school are considered full time, whereas for most other schools its 9 credits. Because of this I am forced to take 3 credits per semester because of my H1 status, and to remain as a part time. I dont recommend taking a risk at this stage, and though this makes me a quarter part time student, its better than taking no classes :)





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  • fxok425
    01-09 11:44 PM
    Are you joking? Then I will ask my husband apply for NIW. I hate my job!!!! Can not stand woking in this profession full time for another 5 years!!!!!





    tnite
    09-12 01:35 PM
    I did tell the first CS that it was more than 90 days and to the second I/O ,I mentioned that it was July 2nd.She asked me whether the checks were cashed and I said no. Then she asked for my full name , dob and ssn and gave me the receipts info. I/O was very patient and verified my address to make sure everything was right.
    The receipts start with LIN (Nebraska)





    acecupid
    07-08 04:39 PM
    Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
    This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
    So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US

    I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.



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