Thursday, June 9, 2011

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  • thesparky007
    04-24 12:09 AM
    i edited it kirupa!!!!





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  • rameshvaid
    04-07 10:30 AM
    You should be getting the cards with in this week. A friend of mine got them within 10 days of getting the mail.

    Congrats and start celebrating.

    rv





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  • a_yaja
    01-16 11:44 AM
    In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.

    The original poster said that she was "laid off". So the question of her sponsoring company paying her does not arise. And hence she is without a job and she knows it. On this basis I said that it would be considered fraud if she goes for H1B stamping.





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  • ItIsNotFunny
    11-18 06:03 PM
    I hope so.

    May be they are upgrading their systems, there was a post in this forums about uscis plans to merge 3 databases etc... may be its happening at last.:D



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  • nogc_noproblem
    07-19 12:01 AM
    Bump >>>>>>





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  • jsb
    11-01 12:24 PM
    I'm from ROW, my spouse and me both have EAD and AP. But our I-485 is pending. My spouse isn't working but would be travelling to Germany next year while I won't be travelling with her.

    1. Is a good idea just to apply only EAD renewal for me and AP for her to save some bucks?

    2. How soon will the service center accept the renewal applications before they expire?

    3. What if I file these renewal by myself and don't use a lawyer. Will it make a difference?

    4. What paper work do I need to submit with my applications for renewal either by online or manual?

    5. What are the implications of not having to apply EAD for my spouse. Is she going to be out of status once her EAD expire?

    Experts please advice.

    It is better to keep EAD and AP current, instead of letting them expire to save a few bucks. Renewing something expired raises eyebrows. Renewal instructions come with EAD and AP. There is no need of a lawyer. Renewals are simple process.



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  • Legal_In_A_Limbo
    01-14 05:55 PM
    What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.

    The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.

    Thanks.





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  • arc
    10-26 01:05 AM
    ???like a week before?



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  • uma001
    07-21 06:33 PM
    Hello Uma001, Kindly refrain from giving misleading information. It does put a thought on several people's mind that breaking the law is "chalta hai". Especially cases like these should be asked to be handled by qualified attorney.


    It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
    So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
    Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?





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  • krishnam70
    07-04 10:29 AM
    http://s202395528.onlinehome.us/2007/07/03/the-cis-has-really-outdone-itself-this-time/

    CIS has really outdone itself this time

    The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.



    According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.




    This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.




    The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.


    By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.




    Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.



    And people wonder why we have an immigration problem.



    This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.


    http://s202395528.onlinehome.us/2007/07/03/more-evidence-of-illegality-in-the-update/



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  • HRPRO
    02-25 12:15 PM
    One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
    What does this mean.

    Robert

    It means that they are either not satisfied that the job meets the speciality occupation criteria or the credentials of the employee/employer/any of the document s provided. They will conduct an investigation and your friend will hear from them upon completion of thier investigation.

    HRPRO





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  • usr2004
    01-25 02:31 PM
    This is for FAFSA student aid application
    I bought some UNITS from UNIT TRUST OF INDIA for my daughter when she was 1 year old back in India.
    Do I need to report this as student asset? where does this asset fit in?

    I am also facing all of the above issues for my daughter's college admission.

    Thanks



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  • shantak
    05-08 07:40 AM
    I do not see update on online status on the registered cases in my portfolio in TSC.

    My wife had applied for AP in first week of Feb, we have received AP in a months time but online status still shows "Application received on Feb xx 2009........"

    Saurav

    Same here, I applied for AP in the first week of April, I have received the approval letters but the online status shows, your application was received on.... and still pending"". I think there is definitely a disconnect





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  • uma001
    11-04 04:44 PM
    The title of the thread is misleading. Please change it.

    Amul


    How to change the title?



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  • kanshul
    08-19 09:46 AM
    Try another local offcie by entering another zip code.





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  • dealsnet
    04-02 04:02 PM
    You will not get another 6 months, if you go anywhere in North America.
    You need to go Europe or Asia.
    Extension is no longer allowed. It was allowed 2 years back.
    Only way is to go out to India, or apply extension with USCIS.


    So Let me get this clear in my head..

    If the I-94 is valid for 6 months and then if you need to extend the stay of your parents

    option 1: to apply for extension with the USCIS .. (can someone please provide the process to do this)
    Do you know if USCIS would accept that the mother is here to help out the daughter thru pregnancy?

    option 2: Go out of the US (Mexico, West Indies) and return in 1 month?

    option 3: Can you go to Canada like say at the end of month 4, stay there for a few days and come back into US for another 3-6 months. Does this work at all?

    option 4: Request the officer at POE for a longer stay (> 6months) showing supporting documents.

    Thanks



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  • vikki76
    04-10 10:28 PM
    My company lawyer had advised me that it is perfectly legal to do moonlighting using EAD card while holding down permanent job on H1-B.





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  • alterego
    07-30 12:59 PM
    This is a ridiculous ruling. The group does not have a lien on its patient base. They are and should be free to choose whomever they wish for their care.
    This is typical of business investors subverting the Doctor patient relationship.
    A sad development for both doctors and patients and a victory for corporate interests in this country.





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  • nixstor
    08-23 11:10 PM
    You are not the only one to get that message. Info pass appointments are tough to get now. Check during odd hours. I finally found one after hours. ASC's are NOT the same as Field offices. Also Some Field offices require you to show the corresponding state drivers license.





    nirajnp
    09-07 02:55 PM
    Thanks everyone for your replies...That really helped. One more thing that just crossed my mind.. Per the answer below

    2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?

    Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.

    When she reapplies for her H1 in june 2008 how long will that be valid ? Her first H1 started on Oct 1 2005 and is valid until Oct 1 2008. Currently she has abt 12 months of H1 remaining. So if she changes from H4 to H1 again in june 2008 then will her new H1 be valid until Oct 2008 only ? She must have not utilized 8 months of her H1 i.e from Oct 2007 to May 2008, So will her H1 validity period be 12 months from her application next year i.e. June 2008 + 12 months = May 2009 ?.





    Dhundhun
    10-19 09:27 PM
    #1. When AP is applied, you need to mention duration. I doubt any one mentions duration as six months or one year. Usually people mention time is weeks or a month.
    #2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".

    Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.

    Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".

    So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.

    We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.



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