Friday, June 10, 2011

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  • yanj
    12-14 12:18 PM
    ok




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  • arjun007
    02-07 10:16 PM
    PIMPS sounds wrong..thx for the correction..

    I94 discrepancy

    The US immigration officer at the Halifax airport took my old i-94 which was stapled to my passport (but did not take the i-94 from my 797 form)..But for my friend , the other officer did not take any.. just issued him the new i-94.. though my friend asked the officer if he forgot to take the old i-94, the officer said "dont worry abt it"




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  • nshalady
    06-15 12:11 AM
    You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.

    Hi,
    My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?

    Please advise.:confused:




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  • vidyakulkarni
    07-13 11:24 AM
    we are highly skilled people. so we should wear business suit , it will give impact.



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  • abhijitp
    01-24 05:19 PM
    ^^




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  • chanduv23
    11-20 11:29 AM
    Secretaries are from the Executive Branch and are responsible for the execution of the laws and are not directly responsible for the creation of the laws. So we could expect Memos that are more favorable to us but I wouldn't hold my breath over CIR yet.

    Well what I intend to say is - their influence is definitely there in framing laws.



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  • Rajeev
    09-16 02:46 PM
    Done




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  • LostInGCProcess
    08-30 02:11 PM
    Isnt recording conversations without the consent illegal? :confused:

    Found on the net:

    The U.S. federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations. 38 states and the D.C. permit recording telephone conversations to which they are a party without informing the other parties that they are doing so.

    12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

    It is illegal under all jurisdictions to record calls in which one is not a party.

    A complete state-by-state set of regulations regarding telephone call recording may be obtained in the following report published by The Reporters Committee for Freedom of the Press:

    http://www.rcfp.org/taping/states.html



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  • tinamatthew
    07-21 04:08 PM
    My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
    Any ideas when can be the date current again(for my PD atleast)?

    Are you planning on getting married? Even if you are when you get married, your spouse can file as a derivative and incase your green card is approved. Your spouse will have 180 days in which to apply (i-485).

    Talk to your lawyer, it may make sense to file now!




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  • dehradoon
    11-13 06:08 PM
    ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?

    once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?

    Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.

    Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's

    So, The bottom line is if -
    I140 approved and 485 pending for more than 180.

    START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1

    THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.

    OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL



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  • zCool
    02-25 10:38 PM
    Do not move to IT!
    Are you crazy?? IT is indentured servitude for some desi consultant!
    stay away.. there are already plenty of slaves..




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  • desi3933
    06-25 02:18 PM
    I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.

    Thanks Elaine.

    My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.

    Could you please share your views on this.


    .



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  • imm_pro
    06-13 05:09 PM
    Going through a bill, usually in subcommittee, section by section, revising language, amending sections etc and reach a consensus




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  • eager_immi
    01-31 01:44 PM
    aren't u contradicting urself?

    Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.



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  • GCBy3000
    05-19 09:35 AM
    Yes, keep all you honest opinion within your self until your shackles are removed. We all know the visa status H1B is exploting point for some consulting firms and employers. Knowing this I do not understand what is the need of expressing "my desire NOT to stay with him any longer than I need to"

    Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.

    Patience wins in this GC process.




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  • glus
    08-01 10:18 AM
    My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.

    I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?

    any ideas??

    Put her status as H4. She is in H4 until October 2007 (assuming you asked for change of status and change of status was also approved.) No, she will not loose her H1, as H1 is a "dual intent" visa.



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  • sachug22
    12-10 02:31 PM
    deleted




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  • ski_dude12
    04-12 11:39 AM
    I had got a similar enquiry from DOL couple of years back. They were explicit in asking about being paid while on bench. In my case I have had minimal bench time and hence answered accordingly. I am sure there must be other employees in my company (desi IT consulting) who are getting paid irregularly.

    I do not think it will effect your new H1B decision. Bottom line is do not lie. If you don't want to tell the truth, don't reply to them.




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  • insight08
    02-01 02:22 PM
    Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated


    Column 14
    Education

    Grade School : 8 years
    High School : 4 years
    College : 4 years

    College Degree(Required) : Bachelor's Degree
    Major Fied of Study : Computer Science*

    Column 15

    Travel and/or relocation required

    *compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.

    --I have experienced this myself. You should be fine. Note in Column 15 is going to protect your case. There are 90% chances of not getting any RFE. Even if you do, any english speaking-reading-writing lawyer should get you out of this by writing a simple letter to the Immigration officer at NSC that they should look at column 15 again. "Any suitable combination of education, training or experience is acceptable".

    Relax and enjoy!!!




    usirit
    01-28 12:16 PM
    We got a denial around Dec-21'07 but after appealing they change back the status to 'In Process'; and according to the timeline we should be no more than 2 weeks away from getting 'CERTIFIED'... Then I-485 and I-140...
    BTW, trs80 what a nice signature....




    tomatocup
    07-12 04:55 PM
    It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?

    Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...

    Who and what will be used to decide the market need? If this is like what you said, what will happen to those 7 million in the next year where market need is only 7000? Does this mean many of them will be laid off or sent back? Does USCIS hire more people during the 7 million year and lay them off in the next year? How can a system be flawless with all these uncontroble things? People have to wait in many ways to get things done in most of the country with large population. Logiclife is right that life is not fare if you want to compare.



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