Friday, June 24, 2011

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  • reachinus
    10-31 10:20 AM
    They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.

    Hope this helps.

    your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.

    .......
    They issue I-94 based based only on the expiry of the visa stamp.





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  • RandyK
    07-18 01:11 PM
    Timing is everything........... that window of opportunity has passed, luckly we were able to use it to our advantage this time.


    Trying to use the same method again will backfire for sure





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  • chintals
    09-03 01:10 PM
    Could make sure that you have had a soft LUD on your portfolio is what made you to call CIS ?

    Yes.. i called because i have SLUD on 09/01/09 and my case was assigned to officer on 07/08/09 and PD is current in Aug and Sep.





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  • logiclife
    12-22 06:03 PM
    There is no such thing as "H1B grace period". Nowhere in Immigration laws or USCIS regulations there is anything like a fixed number.

    You are out of status(not illegal) when you stop working. If you are laid off suddenly, you are out of status.

    Most people are ok coz they find new job and starting working and the "gap" in employment is usually less than a month. If its more than a month then you can face inquiries during H1B transfer to your new employer about your gap and they may ask you for missing paystubs. If you cant provide paystubs for the gap in employment between jobs, then it can go 2 ways:

    1. They will give you H1 approval with I-94 attached at bottom ... meaning H1 petition is approval and the transfer is also approved.

    2. If you are unluckly, the would give you just the I-797 H1 approval without the I-94 attached at the bottom of 797. That means that H1 petition for new employer is approved but the transfer is not approved. Then in that case you are required to travel out of the country and get another I-94 to get back in status.

    This loosely defined grace period is a pain for those who work in consulting and switch jobs or those who get laid off without advance notice.



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  • santb1975
    02-15 11:45 AM
    After a friendly bump to No.Cal





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  • frostrated
    10-26 10:58 AM
    i think they are going to do it every quarter. i am thinking that the results in the aug 2009 file were third quarter FY 2009 data. so i am thinking that the data as of sept 2009 will be out in Nov. any other predictions?



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  • ashshef
    08-31 12:44 AM
    Unfortunately this won't help....of course assuming you find a way to do it :)
    They look at the country of birth to determine the quota....not country of citizenship.





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  • vxg
    10-17 03:02 PM
    Hi,
    I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.

    Krishna.

    You can actually call IO at USCIS and get address updated if you are in the system.



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  • logiclife
    07-12 08:54 PM
    Even DOS, who is partly responsible for this mess, is not willing to share burden with USCIS.

    DOS is pretty much in the clear since they have done everything by the book. ALMOST.

    USCIS has nowhere to go now. Rice has washed her hands off saying that whatever we did, we did a per laws and as per info provided to us by USCIS. If USCIS gave us wrong info, then sorry, its not our fault.

    If DOS is jumping ship on USCIS, they why do you realistically expect FBI to be the honest forthcoming guy and share the burden. This is Washington DC.





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  • ivgclive
    03-29 07:36 PM
    I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported

    Dude, you are already in your home country. Why do you still need your passport back from US? Do you still want the same passport to travel back to US.

    Check with the pilot of the plane, may be they handed over the passport to him.



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  • Better_Days
    06-14 02:18 PM
    While some people are taking it very easy, she needs to come to the realization that she is a *suspected* criminal that is being investigated.

    DO NOT, UNDER ANY CIRCUMSTANCES, SHOULD SHE TALK TO THE POLICE WITHOUT A LAWYER PRESENT.

    Does not matter if she is innocent. Does not matter if she is Mother Teressa. Check below for a lecture on the same topic by a law professor and a police officer,

    Law prof and cop agree: never ever ever ever ever ever ever talk to the cops about a crime, even if you're innocent - Boing Boing (http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html)

    It is a long lecture. Almost 45 minutes but it can save you a lot of headache one day.

    She should be proactive and get a lawyer. Explain to the lawyer the situation with the green card and how a simple arrest record, even if later she is found innocent, can cause problems.

    Once this is over, she can sue the jerk that caused her so much grief.

    I agree, most of these cases blow over with time but better safe that sorry.

    Best of luck.

    Hi Friends,
    This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.

    Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.

    My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
    We know she is genuine and did not do anything but my question is any problem in green card process?.

    How to prove my sister is not commited such kind of activity. Please try to help me on this

    Thanks
    Ramkrishna





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  • hope4gc
    01-18 04:54 AM
    My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

    The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
    If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
    Talk to them if you have not started work, you might just have to pay the H1B fees



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  • PHANI_TAVVALA
    12-02 08:06 AM
    Hello Guys, I am in dilemma about applying for my greencard. I cam to U.S in 1999 ON F-1 and later converted to H1B after working on CPT and OPT. My 6th year is going to end Spet 30th 2009. I have never been too inclined about settling over in U.S and I didn't care to apply for my Greencard. I am in the process of completing my part-time M.B.A and would like to extend my stay by another year or 2 (that is end of 2010 or 2011).

    My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.





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  • felix31
    04-18 11:42 AM
    I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
    Please give me your advice.

    GC092003,

    I am sorry to hear that. But this is absolutely new to me. As soon as we got the receipt number we were able to check online status ....

    have you punched in all the letters and numbers correctly? Pay attention to that, because if you mistake one number you will not get accurate result..

    If the number you are typing is correct than something must be wrong on their side and you can call 800 number to inquire via attomated system about your case...
    hope this helps



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  • mayhemt
    04-29 08:16 PM
    If only their future was clear... they would have a tleast bought a house, if not start a business.
    150 000 * 190 000 = 28 500 000 - Assuming 190K is median home price.
    28.5 billion $ went unused.
    This is just the real estate - not even counting other in-direct purchases, cars, furniture, other related services.

    150 000 * 100 000 * (6%) = 900 000 000 : Assuming 100K is their annual salary, US lost earning 900 million $ in SS contributions.

    May be we should show a factor to US Govt, each unused visa equals to XX unused economy dollars.

    Homes purchases lost : 28 Billion
    Social Security unearned: 900 Million
    Effect of guy yelling "Tuk Yer Job": Priceless.
    (If you watch South Park, you would understand the above...)





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  • konga1978
    01-22 10:34 AM
    Hi friends,
    I live in weston (south florida). This thread is effort to gather as many as we can from south florida, help and bring awarness regarding Green Card processing to make things work faster.

    Cheers,
    Naveen



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  • logiclife
    12-01 03:33 PM
    The job description is the key. Titles dont matter. My official title at my company is "programmer level 3".( I am an Oracle programmer)

    That doesnt mean anything to anyone OUTSIDE of my company. Does it mean that I am top-level programmer? or does it mean that I am 3rd level junior programmer?

    But the JOB DESCRIPTION must be accurate.(As much as possible, there is a limit to how much 10 lines can do in describing your job).

    As far as resume is concerned, didnt your lawyer look at your resume before filing labor? I remember my lawyer consulting my HR, my boss and my resume before writing the job description on my labor so that its accurate. Anyways, resume is something that is subject to change all the time and I dont think USCIS expects you to have your resume in line with your job desc on labor. Resume is about your qualifications and abilities - which may or may not be the same thing that your actually perform at your work.





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  • haifromsk@yahoo.com
    02-08 11:51 PM
    GUYS please stop advicing her. Let her consult an attorney. Please do not lead
    her in any direction. She need to contact an immigration and possibly civil and criminal attorney. An immigration attorney might lead her in the right direction. Super moderator already suggested that so please listen to what he said. Estrela please don't waste your time looking for answers in this thread. Answers given by common people can be incorrect and misleading. Immigration attorney is the way to go.
    Good luck and god bless you



    As gsc999 said peoples here mostly know about "Employment Based GC" not much about "Family Based GC" .... Still few questions if we can guide you to the right place...

    a) What is your current Immigration Status ?
    b) Do you have SSN ?
    c) Forget about he goes to Jail/not is it impossible to get your "Marriage Certified" or at least put the Application before March 31st ? You have almost 51 days ...Based on that a lawyer can guide you but if you dont have a Marriage Certficate no one can really help... You know !

    d) Lets the Justice system decide he goes to Jail or not but if unfortunately he is convicted and goes to Jail for 18 months do you want to live/continue your marriage with him after he comes out ?

    e) Based on Marriage with US Citizen they give you "conditional GC" - and they would verify after 2-3 years if your marriage is a "Bonafide Marriage" etc... and then only give you a "unconditional GC"

    That's why you will see those fake "immigration marriage" start giving problem after 2-3 years and end up in mutual Divorce. Be cautious about converting you GC to a regular "unconditional GC" .

    Good Luck !





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  • krishgreen
    06-01 04:43 PM
    Hi All,

    I have attended for renewal H1B Visa stamping at Matamoros on May 27th 2010.

    Here is the complete process that I have followed from start to End:

    * I have used a agent for arranging Application fee & transportation to and from Brownsville, TX.

    * Drove from Dallas to Brownsville, TX on May 26th, drive was Okay, not many COPS around.
    * Stayed at Days Inn hotel owned by Desi, very helpful at giving information on good restaurants around and places to go if there is enough time.
    * On May 27th morning 7:45 am agent will come pick-up from the Hotel and take you to the US Consulate in Matamoros (About 10mins drive). On the way he explains all the details of where they meet after the Interview is done and how to get to Port of Entry by Walk. His first stop in Matamoros would be Best Western Hotel where you can leave all your luggage and all the prohibited items at US Consulate.

    **** Be sure to carry all your necessary items to stay in Mexico for atleast one more day if your Visa is not ready the same day****

    *Then he will drop you at US Consulate and stay outside until you pass the security line.

    * After security there are two people checking your documents (I-797, Application fee & Interview confirmation page) and issue you a SERIAL Number.
    * After that you will be allowed inside where the first process is to get your pictures and fingure prints taken.
    *After that wait for your number to be displayed for the Visa interview (Takes anywhere between 45 to 60 mins at anytime), for me took about 50 mins.

    At the Visa Interview counter:

    Initial Greeting exchanges and then asks for the paper work (Passports Old & New, I-797 and Interview Confirmation page). She took about 5 mins to go through DS-160 questions/answers filled online.

    VO: Why did you change the company from your Old to New.
    ME: Explained the situations.
    VO: Do you directly work for the client of your Current Company.
    ME: No, I work for a client of another Vendor.
    VO: This is not the way how the H1B Visa works, you have to work for a Client of your current H1B Employer.
    ME: Blank Face, no answer. (I know that is not how the h1B Works, but no answer)
    VO: How do we trust that you are really working for the Client.
    ME: I pulled out my client letter and Photo ID Card and gave it to VO.
    VO: Okay, so, you got the letter from your Project Manager at Client site. Good let me check that.
    VO: Can I see all your W2's from the first year that you are in US and pay slips for last six months.
    ME: Handed over all the W2's and Payslips.
    VO: Can I see your bank statements for last 3 months.
    ME: Gave my bank statements.
    VO: Let me check all these documents and discuss with my senior. she went inside with all the documents for about 5 mins.
    ME: This was the time that I felt tensed, as I don't have a valid visa to enter US if they decided not to issue a Visa based on all the docs that I have. I never felt tensed for the last 4 stampings that I have attended in India.
    VO: Came back after 5 mins. Is there any period that you were with current employer and not get paid.
    ME : No.
    VO: What is your job description.
    ME: Explained.
    VO: Is your greencard petition filed.
    ME: Yes.
    VO: Can I see your Approved labot and I-140.
    ME: I have approved labor, but, not approved I-140.
    VO: You are supposed to carry all the documents.
    ME: Blank face
    VO: Okay, your Visa is approved.
    ME: Thank you :-)

    NOTE: I would say if you don't have client letter and a photo id card from client and you won't have a valid visa currently, I would suggest attending visa interview at your home country.

    We went back to US Consulate to collect the passport at 3:30 pm, but, those were not ready.

    Agent dropped us back at Best western hotel in Matamoros, we stayed there that night. Don't eat at the hotel restaurant, that sucks. There is a very nice restaurant a block away from Hotel (Mexican), very very good food.

    Agent picked us back at 3:00 pm next day and took us to US Consulate. Got the passports with Visa stamped and headed to Port of Entry.

    Agent dropped us at Port of Entry and we walked across the bridge. There is a small gate when you enter US Geographical area on the bridge, where you need to 50Cents to enter(No need for Under aged children, I guess below 12yrs). Walked over to the port of entry office to get a new I-94. There is a big line, but, you don't need to be in the line, just walked into the first room skipping the line and keep waiting for one of the officers to call you next in spanish for your turn (Took about close to 4 hrs to get the I-94, once the officer is at the counter it's only 5 mins process. But, you won't see any officers coming to counter until the room is atleast 95% filled.

    After we got the new i-94 came outside and called agent to pick us. Agent dropped at the hotel. It's a big relief to be back in US.

    If anybody is driving, there is a check post 40/50 miles away from Brownsville where Boder protection agents check your immigration papers (took about 2 mins for me).

    If anybody have any questions, please let me know.

    Good luck.





    jettu77
    11-19 10:04 AM
    I also received only 2 AP papers. Does it matter.

    I checked my case online on 11/09/07 and found that AP of my spouse and
    myself have been approved.

    Today my attorney sent the document and on my spouse's AP document
    the Date issued is //199 at the top right corner. It should have been a correct date and not //199

    and in the paragraph below

    .....presentation of the original of this document prior to //199 allows a customs....


    I think it is the mistake of USCIS and I will follow up with my Attorney and also USCIS on monday.

    If anyone had this same issue please reply as to what needs to be done.

    Thank you...





    kish006
    12-27 09:13 AM
    I have H1 upt 2010 with Visa. Its for my wife I am worried. She got her H1 1 year back and she is working from past 4 months. She is has to India as her Grandfather is sick he want see her before.....

    Any possible to get sooner. She is stuck here even thought her AP is approved(with wrong picture).



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