Wednesday, June 8, 2011

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  • AllVNeedGcPc
    04-17 06:33 AM
    My suggestion would be to get in touch with your local DMV/auto insurance agent regarding the legal requirements for someone on visitors visa to drive in US.

    I am sure he can drive with an Indian international license, but I think "meridiani.planum" is talking more in terms of liability issues. For example, if there is an accident or any other lawsuit (driving or non-driving related), will the sponsored party (the one who sent the letter that got him the visa) be liable?

    Does anyone know about this?





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  • mohit7ul
    07-13 02:10 AM
    Hi Raysakat

    Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied) while she is on F1 or wold it lead to conflict in visa status? SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application

    Thanks





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  • anilsal
    12-18 05:27 PM
    I always call them and tell them that I am not. Based on my car records, they send the jury notice each time.

    I do not think there is a need to send a copy of passport.





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  • panky72
    06-18 04:42 PM
    No one ever has gone to court over a Noncompete agreement issue. No one will.


    I don't know about IT but in other professions people go to court all the time. I have seen several cases.



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  • rajsri
    11-12 01:48 PM
    Thank You for the information. But
    1) I have heard from someone that there is a statement on their website that the transit visa is required only if the stay is more than 10/20 hours.
    2) Where do they check for the transit visa? is it done while boarding into the airport in US or while entering into the German airport? If they find that we don't have a transit visa in Frankfurt airport, what would they do?

    Please answer to my questions, this is really needed for me to act on getting the transit visa.





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  • srikondoji
    07-27 03:26 PM
    What you said is true.
    Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
    Gurus, any body know how USCIS will process 485 applications?



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  • rameshk
    03-16 12:43 PM
    Here is an article from yahoo.co.in

    US start-up visa bill to boost entrepreneurship - Yahoo! India Finance (http://in.finance.yahoo.com/news/US-start-visa-bill-boost-ians-3069398975.html)

    ===========================

    Washington, March 15 (IANS) Two senior senators have introduced a bipartisan legislation aimed at slowing down the outflow of skilled talent and boost entrepreneurship in the US 'to drive job creation and increase America's global competitiveness'.

    Introduced Monday by John Kerry, Democratic chairman, and Richard Lugar, top Republican on the Senate Foreign Relations Committee, the bill adds provisions to last year's draft Startup Visa Act to allow foreign students in US universities and workers on H-1B visas to start companies in the US.

    The StartUp Visa Act of 2011 will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified US investor is willing to invest in the immigrant's startup venture.

    Under the updated version, the pool of eligible immigrants would now also include holders of H-1B visas and entrepreneurs living outside the US with a market presence in the country.

    The new legislation provides visas to the following groups under certain conditions:

    First: Entrepreneurs living outside the US - if a US investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000.

    Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.

    Second: Workers on an H-1B visa, or graduates from US universities in science, technology, engineering, mathematics, or computer science - if they have an annual income of at least $30,000 or assets of at least $60,000 and have had a US investor commit investment of at least $20,000 in their venture.

    Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.

    Third: Foreign entrepreneurs whose business has generated at least $100,000 in sales from the US. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.

    'Every job-creating American business started as an idea in the mind of an entrepreneur. We need to keep and bring more of those ideas to our shores where they can put Americans to work,' Kerry said.

    'Global competition for talent and investment grows more intense daily and the United States must step up or be left behind,' he said.

    'We want to establish a way for the smartest and most entrepreneurial individuals in the world to come to the United States and create jobs. Many are already here studying at our great universities,' said Lugar.

    'Helping them stay to invest in their ideas and create jobs benefits all Americans.'





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  • aamchimumbai
    12-05 02:13 PM
    Was your wife successful in getting an H1B visa stamped in her passport? If yes, could you please share your experience for the visa stamping interview/documents, etc. Your post will be helpful for some who plan to return on H1B/H4 (including me).

    Thanks.


    My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.

    In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.

    Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?

    - I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?

    - Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485

    Many Thanks !!!



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  • go_guy123
    05-31 05:39 PM
    If I remember my Uncle's word correctly, it was Ted Kennedy who was instrumental in relaxing (changing) the rules for future immigrants in 60 or 70's. Only then, we saw a huge increase in immigrants from India especially doctor's and engineers in 60's & 70's.

    Yes you are correct. Before 1965, there were immigration quotas based on the population mix of the existing US. Therefore western European countries like Germany, UK, Ireland etc
    had higher immigration quota compared to say eastern Europe, Asia, Latin America etc.

    So that 1965 in some way equalized the quotas. In order to the satisfy the "anti"s in those times they kept the 7% rule and hence the speech referred above by Ted Kennedy. So late 60s onwards people from India (including my Uncle) started coming to US.


    In fact in the past there have been periods of very restricted immigration to US
    http://www.lotsofessays.com/viewpaper/1690197.html


    By the way here is the case...
    http://en.wikipedia.org/wiki/United_States_v._Wong_Kim_Ark
    where the 14th amendment (birthright citizenship) for children of illegal alien parent was tested in US supreme court.
    Therefore all these rules that you see tabled in congress to deny citizenship to some US born children are pure media publicity stunts.





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  • Administrator2
    12-05 04:22 PM
    Here is a link to update your profile - you could pick a new state of residence.

    http://immigrationvoice.org/forum/profile.php?do=editprofile

    Hope this answers your question.



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  • raminmd
    08-14 06:04 PM
    Hi guys, thanks for the replies...that is a touch reassuring

    I spoke to my lawyer. She said she was re-sending the app in today with a cover letter explaining the wrongful rejections. She said that if they still reject it, she will go through the liaison and try to get them to accept it. Is this standard procedure?

    Secondly, on a different note, I am not sure who did it or why, someone gave me a red dot.





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  • 485InDreams
    03-20 03:51 PM
    How many of you support this idea ?

    Rally in DC in the morning and Fasting till 5PM in front of the capitol.

    Why you wanna get arrested :D



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  • ck2009
    06-19 12:17 AM
    Hi,

    I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.

    Following are the context from the RFE document.
    ---------------------------------------------------------

    U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:

    Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.

    Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.

    Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.

    For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.

    For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.

    If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.





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  • GCAmigo
    04-30 01:44 PM
    I was shocked as well, when I read about that in the other thread. Thanks for clarifying this Pappu!

    shocked to learn that the wait is getting longer! now I am truly SHOCKED!
    "Jo poora doob gava, usko thandee nahin laagva re!"
    poorly translates to english "Does it get any colder, for one who is already drowned?"



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  • gc_bulgaria
    09-29 02:10 PM
    We got FP notice along with EAD card in mail today. The appointment is for a date when we will be traveling - has anyone gone to New Orleans office as a 'walk-in' and gotten their biometrics done?





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  • thakurrajiv
    01-29 07:11 PM
    I have done this. No problems at all. For me they did not ask any question at all. I was carrying old and new I797. Hope this hepls.



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  • cbpds
    07-13 05:46 PM
    easy way out :) mexico to san diego





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  • freakin_gc
    11-14 03:19 PM
    I dont have any hope that I will be receiving GC soon...my I-140 is still pending at NSC and unfortunately I'm from India ;(

    PD AUG 2004(EB3)
    140 Pending RD June 26th, 2007
    485 Pending RD Aug 13, 2007
    EAD APPROVED Oct 26, 2007
    FP DONE SEPT Oct 20, 2007
    AP APPROVED Nov 2, 2007





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  • gsc999
    06-13 02:30 PM
    Americans want immigrants like yourself who follow the rules and contribute to American society; it is our valued tradition. What we don't want is illegals walking all over our laws. The illegals hurt lawfull immigrants. I married an immigrant who followed the rules, she's very bitter over the way this country is pandering to the Hispanic Reconquista crowd. Americans don't want the amnesty, but the government is pushing for it. Legal immigrants and applicants, IMO, should stand up and be heard to fight anmesty as well.
    ---
    Polk1848: Stop patronizing us. Your condescending attitude won't go far on this forum. Each one of IV member is a quintessential American in the making. We understand the American dream far better then many born American citizen, who think everybody else owe them something just because they were born in USA. We, on the other hand are living and moving towards the classic American dream. A good start will be to join us in our cause instead of demanding we oppose Hispanics or undocumented immigrants.





    vin13
    01-15 11:51 AM
    Before you request for your passport and withdraw your H1-B, make sure your AP documents were approved before you left India.

    I have heard from several sources that your AP should be approved before you leave the country. If the approval date is a few days before you left U.S, it can be assumed that you physically recieved it before leaving.

    You may want to check with an attorney to confirm this situation. In these forum, you will get personal experiences, but it may never be the exact situaton as yours.





    ryan
    05-27 03:22 AM
    Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

    I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

    So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

    How ever, I need to make this is false. Still I dont agree this logic.

    May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.



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