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  • justAnotherFile
    07-11 09:01 PM
    That was a very good inquisition in your letter GCBy3000. Thanks for your effort to send it to David Obey (is he a journalist btw).

    It appears that he has circulated this and it has somehow gotten into the political circle.

    it is very good for us to increase visibility on this issue more on Capitol HIll.




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  • satishku_2000
    11-21 05:56 PM
    Similar Question:
    I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.

    when you get an extension of stay you will have same number for all of them.




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  • archanais
    07-04 06:33 PM
    I am ina worst situation. Prior employer is not ready to give Future employement letter inspite I have paid $8650 in GC processing cost and $5500 in transeferring H1b Visa and renewing the H1b. They even cancelled my H1b once I resigned.They have earned lot of money during my almost 2yrs of stay with them.




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  • mmandal
    08-02 12:29 PM
    Guys

    I want to alert you to a bad experience with UPS over an international shipment and suggest you ship Fedex or DHL especially if shipping time-sensitive immigration docs. If you have any further questions pls PM me.

    I mailed a 'guaranteed delivery' package containing immigration docs to Mumbai from Tucson, AZ. I wanted this package to reach at a particular date because of a time-sensitive processing required on part of my family in India. It was mailed through a UPS store in Tucson.
    The problems:
    1. The package was delayed by 2 business days, screwing me and my family - cancelled airplane tickets, missed appointments, cascading delay for further processing.
    2. I am having trouble getting a refund even though I am eligible for it. The UPS store refuses to issue a refund saying that "there is no guaranteed international shipment' ever. This is after the fact that UPS shipping confirms that I am eligible for a refund, but it has to be processed through the store. So, basically, I am caught between the UPS store and UPS shipping.

    Lesson learned:
    1. Dont ship UPS
    2. Even if you ship UPS, dont ship it through a UPS Store

    Based on my discussions in the recent couple of days, Fedex may be a better option. In fact I FEDEX'ed duplicate copies of the paperwork 3 business days later and they were delivered on the same day as the UPS package!!! Never tried DHL so cant say anything.



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  • heavencard
    05-14 07:58 PM
    I am planning to file Labor under EB2. Below is my education detail.

    3 years Bachelor Degree i.e. B.Com.
    2 years MBA(Information Technology)
    10 years pure IT experience in Java, Oracle
    5 Professional Certification from Sun Microsystem,Oracle and IBM

    Based on these education background will I have problem with EB2 labor and I-140 approval?

    Please suggest.




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  • jcrajput
    09-30 09:53 PM
    Here I am planning to send following letter: Please suggest me ASAP if any changes. I really appericiate your feedback.

    Director,
    US BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
    P.O. Box 805887
    Chicago, IL 60680-4120

    ATTN: CRU Supervisor - Case Improperly Returned (I-485 Application to Register Permanent Residence or Adjust Status on Behalf of xxxxx (the �Petitioner�) based on an Employment based visa petition (I-140)

    Dear Sir or Madam,

    This application/petition was filed along with the required fees is being returned to me for the following reason.

    Reference: I797C, Notice of Action, Receipt number: xxxx
    Notice date: September 20, 2007

    �Please resubmit your application with the �Copy of your form-I797, (Notice of Action) if the petition has already been filed or approved. (I-140)�

    I believe that my application was sent along with the copy of I-140 and I feel that my case is improperly returned.

    Originally I have sent my I-485 application based on JULY 2007 VISA BULLETIN to NEBRASKA SERVICE CENTER. Here below is my shipping detail:

    FedEx Tracking number xxxx
    Ship (P/U) date Jun 30, 2007
    Delivery date Jul 2, 2007 7:55 AM
    Sign for by: R.WILLIAMS
    Delivered to: Shipping/Receiving
    Service type: FedEx First Overnight
    Packaging type: FedEx Pak
    Number of pieces 1
    Weight: 1.00 lb.

    Shipper Information
    xxx

    Recipient Information
    xxx



    I have sent my application with the copy of form I-797, (Notice of Action) which was already field and approved on date March 09, 2007. Here below if the detail for the form I-797 for case type I-140.

    Case type: I-140 (IMMIGRANT PETITION FOR ALIEN WORKER)
    Receipt number: xxxx
    Receipt date: December 11, 2006
    Notice Date: March 9, 2007
    Priority date: October 4, 2006
    Petitioner: xxxx
    Beneficiary: xxxx
    A # xxx
    NEBRASKA SERVICE CENTER.
    I would like to re-submit this application and I am requesting for processing once again.
    Please contact me if you need any further information or assistance. Your kind attention to this matter is greatly appreciated.
    Sincerely,


    xxxx
    Human Resources Manager
    xxxxxxx



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  • immig4me
    04-29 08:32 AM
    we r coming to a full circle here..... over 90% americans also supported & practiced slavery back in 1786...... the declaration of independence was agreed by all americans and it said - "We hold these truths to be self-evident, that all men are created equal.... but over 90% americans supported slavery which wasthe biggest mockery of what everyone believed..... it just proves that just becoz majority of the people support something doesn't make it right or doesn't make it just.... in the end this nation had to go in for a civil war between the north & the south to end slavery.....

    fast forward.... the current immigration debate is no different...... this country ought to have learned from the experience of the civil war..... for all the men, women and children who died in the civil war.... this country & this world provides for abundance of resources for everyone..... we can all cohabit this planet and live happily.... some people just don't want too..... the real question is...... will these facist forces stop with the undocumented or will they next try to squash another group who don't look like them..... my guess is that after they take care of the undocumented..... we r next.... its the generation old question that was asked during 2nd world war.... will the nazi forces of hitler stop within europe or will they next attack the US or soviet etc.... we all know the answer to that question.... and hence the 2nd world war.... the debate for the undocumented is of the same kind.... do we stop the negative fascist forces right here or will they be allowed to expand their wings.... i know the final outcome..... its just a matter of time.....

    now u can throw out all the bull arguing that these are "illegal" people or they crossed the border etc.... these r the same sort of arguments presented for slavery or for mistreating women or immigrant groups, who were treated as slaves back then.... these negative fascist forces said the exact same things against abolishing slavery or giving equal rights to women, african americans and different immigrant groups..... u may think u are on the right side of this debate but u have no freaking clue that above human law there is another law... and that greater law supersedes every other human law.... every action in contradiction to the greater law will eventually lose.... wait & watch.... its just a matter of time....

    Totally true....agree with every point you make

    Go Utah! ... Go Texas !

    Yes, Arizona, Texas and Utah get ready for the backlash and a host of lawsuits!!!!!!!!!!!




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  • starscream
    08-27 05:00 PM
    VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
    The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.

    Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.

    The below is the visa renewal criteria as defined on the website:
    Visa renewal appointments are available to visa applicants who:
    have a U.S. visa that has expired less than 12 months ago.
    wish to apply for the same category visa (work, business, tourist, etc.)
    are Indian nationals (hold Indian passports)
    are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).

    The following applicants do NOT qualify for appointments in the visa renewal category:
    Applicants who have never had a US visa.
    Applicants who have a U.S. visa that expired more than 12 months ago.
    Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
    Non Indian passport holders
    Applicants applying at the U.S. Consulate in Kolkata.
    First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
    Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
    Applicants applying for entertainment/performance visas(P3 category).
    Applicants applying for unskilled worker visas (H2b category).

    All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
    Current, valid passport
    Passports containing previously issued U.S. visas
    As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)



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  • rajmirk
    04-08 09:51 PM
    ANyone has any links?

    Thanks in advance,




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  • breddy2000
    01-04 01:13 PM
    Hi,

    I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.

    Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.

    Thanks & Regards,
    -- Venkat


    We were in similar situation sometime ago...Take all the documentation and leave country and come back. But this can be done only upon receival of H1 1797. I would suggest wait until 1-797 is obtained and decide based on the outcome.
    BTW is she working now? If not, it is always better to keep mails/communication with the company that filed H1 to show that she was maintaing status and not getting paid..
    Hope this helps.
    PM me if you need any further help..



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  • sreeanne
    11-21 03:36 PM
    You can contact USCIS and you wont be out of status based on the fact that you dont have I-94 with you. Your information will be in their systems showing that your stay is legal. I think they will issue duplicate I-94 for you.

    Above all is my guess but contact USCIS or your lawyer, thats the best way.




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  • sk8er
    04-16 09:04 PM
    I cannot read the above post



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  • harsh
    11-20 04:03 PM
    Alabaman, techy2468 and other bama residents, as suggested by admin, I think it is a good idea to exchange each others contact info. I am willing to keep a list of all members from alabama so that in the event we need to contact members, it will be easier. I will send you guys a PM with my contact info. So please forward your contact info to me.

    Thanks




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  • sdrblr
    08-24 11:41 AM
    calling a supervisor and he returning the call without HR(or legal's) intervention is little weird. How big is your company?



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  • Wish_Good
    06-22 06:04 PM
    Hi Attorney's,

    Thanks for this excellent community service. Which will help lot
    of people like me who are stuck with the Immigration/USCIS Issues/Errors.

    My Sincere thanks for responses to my earlier posting.

    Company A: Labor approved in Dec 2006. Applied I-140 in June 2007
    and got RFE regarding my Educational Transcripts Which was
    responded in time and USCIS received on Dec 5, 2007. Then Got EAD
    and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied -
    due to 3yr degree) then I-485 denied on June 26th 2008. So, First
    applied MTR for I-140 which was denied on Feb,2009. Then applied
    one more MTR (Appeal)for I-140 on March 13th, 2009 (check cashed
    by USCIS... receipt copy not yet received).

    Suddenly in the recent past month I see that, My I-485 status
    updated saying -Transferred and now pending @ Texas service center
    (got a notice). So, I applied EAD on June 4th 2009 based on this New Status.

    But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (transfered my H1B) to Company B.

    Company B: Before I join this company B. They already applied my Labor (GC)
    and got approved on June 24, 2008. Then applied H1 Transfer and got approved (valid upto July 13th 2009) and joined this company. Once I joined this company they applied my I-140 and got approved in Jan 2009. Based on this I applied for H1 extension for 3 years. But USCIS denied my H1 and H4 with "Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act". Infact we asked extension based on Approved New I-140 of company B. But USCIS denied based on Old company A's I-485. It looks like a real error by USCIS.

    Now Applied MTR(Appeal) on H1 and H4 deniad on Apr 17 2009 and waiting for response.

    Looking into this.

    My Humble request Please give your valuable suggestion. What would be my next step to be in legal status and continue my job. Iam in deep dialemma and verymuch depressed.

    Please help me.

    Thanks a Lot in Advance.




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  • coolest_me
    05-06 11:33 PM
    Hi,

    We just got the RFE on our application regarding the Medical. We did completed all the vaccination that were required. I am not sure what USCIS is asking us to complete. Does anyone has any experience about this kind of RFE..



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  • Muj@ck0_it
    03-11 03:20 AM
    I'll cast my vote for paddy...:yes:




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  • sri_chicago
    05-14 06:33 PM
    Hi--

    Priority Date : Feb 2006/EB3
    I-140 Approved on Sept 2006
    I-485 filed on 07/02/2007
    Spouse I-485 online status changed to requested additional evidence on May 01,2009.
    As of now either me or my attorney not received RFE letter.

    Please advice how to solve this.




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  • mmanurker
    10-17 03:11 PM
    Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
    So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.

    apart from payroll tax is'nt the employer suppose to pay employer tax which I suppose is anywhere between 8 to 12 % depending on the state it is operating? or is payroll tax same as employer tax? what other taxes does an employer has to pay if he hires a person on W2? appreciate inputs on this.




    singhsa3
    09-05 07:31 PM
    Come on people, we are less than 2 weeks away from our destiny.
    All you have to do is to rise from your daily chores, just for one day and help make this event successful.




    bestia
    07-17 03:12 AM
    Wow, I feel you. I've been in such situation. How big your company is? Whose lawyer is taking care of your case - yours or employer's? Try to contact the lawyer directly. Do you know if any violation regarding working conditions your employer has? If they are on shaky ground, you can be more aggressive with them. You can have several ways of pushing them.

    Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.

    When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.



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