Thursday, June 16, 2011

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  • luckylavs
    09-25 02:47 PM
    Because there is little certainity about the Green card many people hesitating to buy houses. There is good chance that the housing market will definitly improve if the Green card waiting period decreases.




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  • aj1234567
    09-27 05:04 PM
    Hi Gurus-
    One of my friends had received strange letter from the consulate saying that

    We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.

    With this letter we are returning your passport. no additional information or documents are required from you.

    We will contact you once a final decision has been made on your application

    Please advice me why they send this letter and what necessary action we need to take..


    Thanks
    Aj




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  • a_tyagi26
    11-20 02:47 PM
    Generally secretaries follow laws. They do not frame any regulations or have any role in it. It will be in hand of Obama's immigration appointees to push immigration.

    Secretary will be responsible for DHS which involves security, FEMA etc too. I am not sure if she will be able to change a whole lot.




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  • hpandey
    06-02 03:18 PM
    You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?


    You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.



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  • eb3_nepa
    08-16 10:18 AM
    anyone?




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  • gimmemygreen
    01-07 12:14 AM
    I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?

    Sue them buddy. It has potential to become a class action. Wipro is the worst employer with third class management. Managers at Wipro can't even spell Management correctly. Couple years back interviewed with and was sitting on a bridge waiting for these clowns to call in for 35 minutes. After talking to them for first 5 minutes, I hung up my cell phone and never picked their call again. Azim Premji should go back and sell his cooking oil. Managers responsible for this kind of fraud should do 20 years in federal penitentiary and then deported back in plane full of shit to their native country:D.



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  • noone2day78
    02-10 04:32 PM
    Hi all,

    I have received my EAD in oct 07 and my AP last month, with my spouse being primary applicant. Currently I am on h1b, however, I have a better offer at hand thro another employer who does not sponsor h1b. I was searching for posts on comparing h1b vs ead..but could not locate one.

    Could someone enlighten me on this issue as to what wld be common issues that are raised if one switches to ead (other than the possibility of being out of status). I am presuming that if my spouse stays on h1b I can switch to h4 status if required?

    Please advice..I need to make a decision this weekend!!

    Thanks
    San




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  • mantagon
    07-23 11:02 AM
    is in RED.

    Thank you for all the responses.

    One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?
    Not much, really!

    How does one prove the legal status in the country?
    Since your wife entered the US by showing AP, her legal status is "Pending AOS" and the proof is the USCIS receipt notice of I-485 that you filed for her!



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  • number30
    05-08 06:27 PM
    What if you directly send a personal check?

    MAy be good for large amounts. But for small amount too much fees is associated. I sent some checks of $100 to a charity , almost Rs 500 was deducted as fees for every Check. It was Syndicate Bank where they encashed the check.




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  • meridiani.planum
    02-01 11:23 PM
    Guys

    I recently got my 485 approved and got my card too. My wife's case is bit complicated.
    I would appreciate if someone can throw light on this.

    She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.

    I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.

    Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.

    But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?

    thanks
    mdy_tvr

    yes, since she has a pending 485 she does not have to worry about status, that pending 485 keeps the status around. She can even file for an EAD.



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  • Pagal
    03-18 07:40 AM
    Hello,

    My 2-cents:

    1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)
    2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)

    As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.

    This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.

    However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)




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  • lost_in_migration
    05-14 08:28 PM
    Thats the spirit

    I will support IV even i have Gc .GO IV.



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  • hopein07
    03-14 12:29 PM
    Don't ignore Dubai. It is a boom town and will give red carpet welcome to your wife because she is a US trained doc. I know of a few Indian docs who were on J1 visa and never got waiver jobs went to work in Dubai instead because with US degree they can practise there without any major issues. Dubai is good for IT folks too with the internet city. You may want to google and find more about Dubai's requirements.




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  • sameer2730
    02-06 05:00 PM
    Is H1B stamping subject to the same name checks as in the home country ? Since I have heard people get stuck for long times in these checks, what happens in similar situations when stamping is done in Canada.



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  • map_boiler
    07-15 04:57 PM
    Since you have an approved I-140 through your previous employer, the PD is yours to keep.

    Has the attorney requested USCIS to port to the older PD when they filed your pending I140 application? Also, since you're in 6th year of H1B, it might be better to request premium processing on the pending I-140, get it approved...confirm that PD has been ported, and then apply for I-485 before end of August. Move quickly, and good luck!

    I was searching on internet and this is what i found on Murthy.com.
    --------------------------------------------------------------------------

    Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.

    The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
    --------------------------------------------------------------------------

    Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.




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  • willigetgc?
    01-21 11:09 AM
    I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)

    What do you think?



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  • orangutan
    02-08 10:32 PM
    Some questions before I answer.

    1) Did you get married in a church or did you reserve a church for marriage?
    2) If you are not married how do you start immigration paper work?

    If you want to start paperwork, you need to get married.If you have to get married, you need to get married before March 31.If you have to get married before March 31, you need to get your marriage license before that.If you already got married why do you need license?If you are talking about marriage certificate for applying immigration, you can apply it on line.If he goes to jail on March 31st then ask him to apply for parol to come out.


    well i got marriage church, but we didn't got are license yet, because my husband have some problem in court.( he is a citzen) We'll know if he will go to jail or not in march 31.
    my question is:
    since we don't know if he will or not. I need to know if i can start my paper with the immigration?
    because if he goes to jail.. how we will do the interview if he is not here to go?
    what i can do??
    somebody can help me?:confused:




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  • gcadream
    02-25 07:54 AM
    That is really cool man !!
    2 months less in 3 yrs is no big deal...its almost 3 yrs extn for you.
    Thanks for sharing with us, lets see how the ball rolls out for me.




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  • gova123
    08-27 12:49 PM
    I am not sure, if you can go in person to houston, mine was sent to washington dc and I got it in 10 days. I had tough time for a different case.

    Try to avoid Houston, you will not get any response or anyhelp, I guess they are sleeping for ever.

    We cannot get the passport renewed anywhere, if you are in south most probably you need to get it renewed from Houston. So any one ............who went in person for non-emergency case.

    Thanks




    YesGC_NoGC
    06-20 01:34 PM
    Yes I do agree with you to move on without worry!! As I mentioned that I had made up my mind to accept the position and skip informing USCIS as i read at some places , that it is optional to inform.

    However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.

    I am looking at looking at options...let's see what is the outcome.

    Thanks




    Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.

    I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.

    My 2 cents but please do what is right for you.




    snowcatcher
    01-29 07:41 PM
    Hello all, If you are from Texas please reply to this thread to get together and activate our state chapter. Any ideas are welcome. So please post to this thread and see how we can contribute/Volunteer to make IV stronger.
    Thank you



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