Tuesday, June 14, 2011

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  • gdilla
    07-29 02:44 PM
    Actually, if you apply for an F1 (fulltime student visa), it will be denied. Why? Because F1 is considered a non-immigrant visa, and USCIS knows that because you filed a 485, you DO have the intent to immigrate. I believe you can just go to school and be jobless on EAD without need for F1. The burden is on you to show that your gc employer sponsor will hire you when you get your gc (if it ever comes up - they can take away your gc anytime at the border/POE, and one question may be are you still working for the sponsor).

    This is just my understanding - i talked to a lawyer about it some time ago and i certainly could have some details wrong.


    Hello everyone,

    I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.

    Thx,
    Prabhat





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  • bottlemani
    05-26 07:35 AM
    Kudos to Team IV!! Thank you for all your efforts!





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  • ganeshpv
    05-01 12:40 PM
    Folks,

    I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.

    Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :

    Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?

    You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.

    Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?

    I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.

    Ganesh.
    ps: I can't get appointments before June in Canada or Mexico either. :(





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  • suratvoice
    12-17 11:06 AM
    Have you checked the job codes for the two jobs ? Just given this information, the new role does look similar. However, I would run this by an attorney just to be safe.

    Where can I find these job codes, I can lookup the old job code because I have the 750, but for the new one, where can i find that, I just have the company's job posting...



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  • ps57002
    09-15 09:53 PM
    both employer and lawyer know in my case...it's not a problem. My supervisor supported me on it...





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  • bishwas123
    03-14 05:34 PM
    Hello everyone,

    My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?

    Please any suggestions would be greatly appreciated

    Thank you.



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  • shahuja
    02-07 01:29 PM
    Try calling the DOS and explaining then what's going on and see who you can call to check the status next.

    The lawyers email is text book response and may not help you much.

    If the consulate didn't give you any slip during your interview then most likely it is PIMS related. Call up DOS!

    i called DOS again and they say its in the final processing stage at the embassy..check with embassy..and embassy said waiting for information from DOS..i just hope VO doesnt send it back to DOS for more processing again...
    how did your wife's PP go ?? any news from embassyy..





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  • LostInGCProcess
    01-08 10:44 AM
    I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
    The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.

    I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.

    edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.

    So, Please don't over do. just give only the document that is asked for.



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  • sumansk
    10-24 06:08 PM
    Hello guys ,
    any idea why I cannot find the receipt numbers and its statis on the uscis web site.I obtained the receipt numbers from the back of the cheques that they cashed..
    thanks in advance





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  • sanju
    02-11 10:48 AM
    thank you for repply.i try to stay legal here much as everybody but sistem work slow and put me out only for 3 monts. since then i fight to get my statu back .and i will get it back soon or letter.
    thank you for tread me like humanbean.



    and for others people here..
    one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
    i hope you guys get you gc soon..
    no more post for me .goodby

    You jerk, disappear in vacuum. I can smell idiots like even on the world wide web. Get out of here you ba$tard.



    .



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  • Blog Feeds
    12-18 09:50 AM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
    Yesterday I was taken aback when I turned to the editorial page of the San Jose Mercury News, the primary newspaper of Silicon Valley, and found an Op-Ed by Patrick J. Buchanan calling for a moratorium on ALL LEGAL immigration. (http://www.mercurynews.com/opinion/ci_13952824?nclick_check=1) He argues that the LEGAL immigrants are taking jobs from U.S. workers, and that by barring all U.S. immigration the economy can recover faster.

    Legal immigration is not the same as "illegal" immigration. He is not talking about doing something about the high number of undocumented people living in the U.S. By calling for a halt to legal immigration, he would stop the husbands and wives of U.S. citizens from immigrating to the U.S. He would prevent the children and step-children of U.S. citizens from coming to the U.S. He would stop the parents of U.S. citizens from immigrating. He would stop U.S. citizens from adopting children from abroad. He would prevent those who came as refugees from obtaining permanent residence. He would turn away the brilliant minds who qualify to immigrate by being awarded the equivalent of a Nobel Prize.






    More... (http://www.siliconvalleyimmigrationlawyer.com/2009/12/san-jose-mercury-news-publishe.html)





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  • LondonTown
    03-07 11:33 PM
    i missed the second part of your question.

    i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
    Hope this helps.

    Stemcell: My 140 was also denied and immediately thereafter 485 was also denied. We appealed 140 which is currently pending, we have never used EAD. My lawyer told that if 140 will get approved as a result of appeal, we can re-open denied 485s.

    Are you saying that your friends 485 was NOT denied though his 140 is denied? Please re-confirm with your friend and let us know.



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  • tejonidhi
    11-27 10:35 AM
    Hi,
    one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
    Thank you





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  • chanduv23
    05-21 06:23 AM
    We were driving on i 87 in between Albany and Montreal where they set up a temporary post on the highway and checking every passing vehicle.

    The broder security officials asked us for our passport and work authorization and we did not have them with us.

    They made us sit for sometime while they verified our valid status and then something funny happened.

    My wife's h1b is valid from June 2006 to June 2009 and the status check yielded it well.

    Mine, it said Valid status from May 2000 to October 2002. This was exactly the status on my first h1b. So they tried to grill me as to what I am doing in the country after my valid status is over.

    I explained to them about h1b transfer .... and how I still maintain status and then they said they can look me up by petitioner's name. When they did that, they found my current record.

    Then they advised that we carry documents all times as they are trying to catch illegal immigrants.

    So in general, please carry your documents if you plan to go for long drives or fly.



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  • conchshell
    07-12 02:51 PM
    RNGC, nice writeup but if (yes if) we want to take the lawsuite route, first we need to identify all those grounds on which we can file the law suite. Afterwards we need to get those grounds validated by an attorney who specializes in filing these types of law suite (not the usual immigration attorneys). Usually a law suite is considered a last resort, but there is no harm in preparing for it. Why don't you take a leadership role on this front?





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  • shukla77
    07-23 10:22 AM
    I have the same problem with my father's passport and I could not fill DS156. Let me know if there is any solution to this issue.



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  • gc_in_30_yrs
    09-12 08:15 PM
    If you are "on the bench" the employer is obligated to pay you.
    If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.

    The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.

    If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).

    If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.

    I'm not sure if I've read it right, but it looks to me like you have made a public confession here.

    Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.

    One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.

    Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.





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  • snathan
    02-01 09:35 PM
    Q. Who is an optimist?
    A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D

    Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.

    How come a wife can have another wife...:D if you are not aware the OP is a girl.

    You didnt tell which movie cd...?





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  • andy garcia
    07-30 02:11 PM
    Many of us are in this situation.
    Can someone throw some light based on prior experience,
    who gets the receipt notice when using G-28.
    #1. Lawyer Alone
    #2. Applicant Alone
    #3. Both lawyer & the applicant.

    --BB

    All the Receipts go to Lawyer Alone.

    You will only get the EAD approval(actual card), everything else you are at the lawyer's mercy.





    indio0617
    12-13 01:08 PM
    That was my thought process too. If the immigration systems is corrected then I believe EB3 and EB2 will become current. Then it does not make a difference. Even late 90's the retrogression was there for both Eb2 and Eb3. IN 1999 they opened up for Y2K and then again retrogressed in 2001-2002 I believe. But again after that it was all current till the current retrogression.

    Exactly ! That is my line of thought too. IF there is going to be a fix, it will be a remedy across the board for all EB2 and EB3. I can live with EB3 lagging behind a bit too. I am not going to get bogged down by which one is faster.

    It is important for us to contribute our bit to get some legislative fix, but it is futile to endlessly speculate which category will move faster.





    Prashanthi
    05-20 05:39 PM
    Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.



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