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  • sweet23guyin
    03-09 01:48 AM
    Question is what happens if I decide to withdraw the H1b App
    Or just change the job .. will then still then keep RFE alive?
    If my employer won't give the wage reports etc. today.. he's definitely not going to give me that even in future then..


    'GC_ASP' is trying to say, "USCIS may open ur I140 and send an RFE for ability to pay..."





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  • matreen
    08-04 12:33 PM
    Thanks Snathan. But do you think I may get my 140 cleared on the basis of 3 year degree?


    Its tough at I-140. But you wont have any issues with EB3





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  • msyedy
    05-30 03:25 PM
    I just don't understand one basic question.

    Congress is trying to pardon 12 million illegals as a one time measure and give them Green Cards. (OK - Very good)

    On the other hand we are about half a million who entered the country legally and helping the U.S. economy and paying taxes. Why don't they consider giving all of us Green Cards as a one time measure too ?????

    We the legals... pay taxes, contribute to this economy by spending earned money here in the US, abide by the rules, carry medical insurance.

    We keep doing this, till we get our green cards or till we permanently leave this country. It is a win - win situation.

    The strict H1-B rules that are added to this Senate bill will be removed or some work around will be sorted out or else the US economy will go down.

    The question now is how confident we are that they will get an amendment to give us some EB visa relief.
    The high tech employers have a problem with the new merit based system which is going to take away the reins of holding an employee from them. Employers of other industries have raised their concern against this new system which gives more points to degrees and not skill. This system is also causing a lot of concern among the familiy members here.This system will take a lot of time to kick in.

    1) The tech lobbyist can add pressure to give relief to current members in backlog so that they can hire them soon. They know that many skilled people are stuck with their companies because they can't switch due to the GC process.
    2) Can add pressure by saying that they need us now and not after 5 years when we get our GC.
    3) We need to force them to understand that they should give relief to legals too when they are doing a lot for the illegals.

    That is all I think can be possible.





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  • sriteam
    07-05 11:10 AM
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  • ivgclive
    03-18 10:29 AM
    You got a success story in 1 month time frame. Be happy.

    The documents being asked, all are always in your hand, just keep few copies and keep sending for every H1 transfer.

    Hope you are not doing H1 transfer every three months.

    To make you more sad, there is a change in the process (read in murth news letter), that all the documents must be attached even if you want to make an amendment in your petition. So, you have your name misspelled, date misspelled, birth date wrong, prepare one more set of documents for that too.





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  • raysaikat
    01-15 12:59 PM
    Thank you for your response raysaikat! Could you please rephrase your first part of the answer "This is not a valid reasoning. The "no" is not related to immigration intent. It is related to if you made factually correct statements."? It's a bit confusing.


    There are two different things. (i) Intention to commit immigration fraud by mis-representing facts; (ii) Intention to immigrate.

    By returning from the US after your trip, you have proved (ii) to be false (i.e., you did not have intention to immigrate at least at that time). However, that evidence does not prove (i) to be false.



    You're saying I need to *prove* that I have no intention for immigrating to US. Do you mean that they must clearly see that I have no intention to stay in the US after I finish college?

    Yes, it is a requirement for issuing F-1.

    The I-130 form is pending so it's obvious I have such intentions. However, the process takes a very long time. Do you think that if I prove that I plan to go back home after school and then wait for the process in my home country I'll be issued a visa?


    Good question, and I do not know the answer. What you say may be true. Please consult a qualified attorney (or ask your brother to consult one).

    Do they have information regarding the "I-130" process in their database?
    Yes. The IO should have access to all prior and pending immigration related activities associated with you.
    I mean there is a chance they don't even ask about it. Well, last time we applied they didn't.

    Also, do you think that my previous false response to the application form question could in some way affect my I-130 process? I mean I've returned back so in my understanding it shouldn't be a problem. Please explain.

    It should not affect your I-130, but again, I am not a lawyer and you seem to need reliable answers (i.e., you need to consult a lawyer).

    If I get lucky and get a visa issued. What happens next? Is it easy to switch to a working "H1B" visa from "F-1" visa and maintain this status until the end of the "I-130" process?

    Yes, H1-B is dual-intent. I.e., you do not need to prove non-immigration intent for getting an H1-B stamp.
    Is it ok to leave the country while on "H1B" status while "I-130" pending? Please comment. Thank you.

    I am not familiar about I-130 that much. If I-130 is similar to I-140, then it is okay to leave US while it is pending. However, if you file I-485, then you must have Advanced Parole before leaving US. Again, a question for a lawyer.



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  • meridiani.planum
    05-22 03:06 PM
    my employment is terminated a month ago. I still need to file h1 transfer to the GC sponser. I am single

    I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.

    If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.

    I have a fall back to EAD though based an approved 140 and 180 days past 485.

    But how do I get the spouse then???

    per my lawyer you can come back from EAD to H1 by filing a new H1 petition (if its past 6 years on H1, then you need some basis like approved I-140 or old LC). You will need to leave the US and return to activate the H1. So thats always an option if you jump to EAD.

    In your case, you can still file a H1 transfer, if it comes without an I-94 attached (meaning H1 got transferred, but status was not activated which typically happens when last H1 status ended more than a couple of weeks ago like in your case) all you need to do is leave the US and return some PoE where you will get hte new I-94





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  • krishnam70
    10-02 02:15 PM
    Thank you Hermione (Granger?)

    What about salary requirements? would it be okay if I get 20-30% lower
    salary? Do I have to be getting paychecks every month?

    1. Get a job with same description
    2. Get at least the salary mentioned in your LCA

    Please check with attorney's before you make that decision.

    - goodluck



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  • sid
    04-02 02:34 PM
    Thank you Tom and Zcool.
    I did try asking my manager and the vendor if they could mention that the project could go on for another 3 years but was not successful.
    The letter that I got from my manager did mention that I have been working for them (client) since jun, 2005 under a contract extendable in 6 month increments and they see a need for me for the forseeable future.
    I believe my company has some direct clients... I will ask my employer to attach those contracts as well.
    Again, Thank you very much for your replies.





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  • acecupid
    07-02 05:54 PM
    Guys, I think we should have some media coverage for the USCIS and DOS actions. Since immigration news has been hot in the media for a while. It will be easy to get channels to cover this story.

    Send emails to news channels to cover the story. You can quote the story from AILA

    Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies� Bait and Switch
    Cite as "AILA InfoNet Doc. No. 07070264 (posted Jul. 2, 2007)"


    CONTACT: George Tzamaras
    202-216-2410
    gtzamaras@aila.org

    WASHINGTON, D.C.--The American Immigration Lawyers Association strongly condemns the bait and switch perpetrated by the federal government on thousands of intending immigrants who have waited in line for years and were following the rules for obtaining a "green card."

    On June 13, 2007, the U.S. State Department announced that, as of July 2, individuals seeking permanent residence ("green cards") through employer sponsorship finally would be allowed to proceed with their applications. Applicants would have a short window, possibly only through July or perhaps August, to complete their paperwork.

    Those intending immigrants, immediately and at great expense, rushed to gather final documents, complete their paperwork and obtain required medical exams. Many sent their applications off on Friday, June 29 for arrival on July 2 at the Department of Homeland Security, for the last phase of the multi-step process that leads to a green card.

    However, on the very day the door was to open, DOS and DHS slammed it shut.

    On July 2, DHS and DOS announced-based on no different information than they had on June 13 when they announced the opening of this filing door-that all applications would be turned away.

    "People ask why those who come to the United States illegally can't just follow the rules," said Kathleen Campbell Walker, President of the American Immigration Lawyers Association. "But here people followed the rules and did everything right, yet without warning or explanation the door was slammed in their faces. This hoax perpetrated by these two government agencies is unconscionable, and is an example of how badly our immigration system is broken."

    AILA calls on the Administration to do the right thing and keep its promise to the people affected by this sudden reversal. AILA also calls on Congress to get it right this time and fix our badly broken system.
    ================================================== ========

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  • new_horizon
    08-20 10:35 AM
    Does anyone in the IV core have any comment on this? Pls do express. Thanks.





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  • JunRN
    01-10 05:31 PM
    That's why I was saying that if he did work for more than 180 days for the employer, his GC is safe. If not, it can be rescinded if the employer appeal to the I-140 denial of the labor sub. and tries to prove that the original beneficiary is a "fraud".

    It can happen to anyone. So to be on the safe side, work for the original petitioner for more than 180 days. If the petitioner is a GC factory, then both beneficiaries will suffer.

    Yeah, it's good to know that AC21 works and that one labor is not used to produce many GCs.



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  • DSLStart
    10-01 02:45 PM
    I came back last month from India via Frankfurt on Lufthansa. Airline does suck badly, but there is no need for transit visa if you got valid AP/visa stamp.

    Folks - Amsterdam, Dubai, Brussels are the best way to go. 4 years back, I had problems with Lufthansa, I did not know I ahd to take transit visa and they never allowed me on flight and I had to travel the next day by going to german consulate in morning get visa and went back in afternoon, and surprisingly they had blocked me for that day. Until then, I always used to travel ONLY by lufthansa, but after that experience, I never wanted to. I always fly emirates and I like it.





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  • jnraajan
    03-28 04:56 PM
    I somhow feel that Name Check problem has not been taken care of within its entirety. I agree with one thing that NC will be "improved" but has not been and will never be streamlined the way actually it should be.

    Reference:

    http://blogs.ilw.com/gregsiskind/fil...Procedures.pdf


    I may be wrong but my doubts are as under:
    ------------------------------------------

    (1)180 days period is from the "Date of FBI Name Check initiation. It is not
    from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
    Check. So I see a big playground for USCIS to play if it decides to play.
    What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
    Do we have a way to know or keep an eye on USCIS about this? At least I
    do not know and if somebody has the information please share it.

    (2) "If 485 Otherwise is processable" then USCIS can go ahead without
    waiting for NC check... What if USCIS decides to keep 100000 cases on
    rack eating dust just by not moving the processing date for particular
    service center? This you can see right now.. USCIS is making Texas slow
    day by day not moving processing date. I remember Texas was ahead
    with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.

    Expert or differed opinions please?

    You bring up some valid points. But then, every issue we bring up with regards to USCIS is valid. There is no transaparency in this agency, which is why we have all these issues. Even before this 180 day rule, there was no way for us to find out if and when USCIS requested NC and when it was completed.



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  • gchopes
    07-19 09:47 AM
    GCPlease - I am also in the same boat! RFE not yet received but looks like it could be for the photos. Its been over 8 days now. I did not get a notice for biometrics. It could be because we did our 485 biometrics just 8 months ago. Perhaps they will just use that.

    Should I just send the photos in and see what happens without waiting for the actual RFE? Where did you send the photos? Same address as the docs that you sent?

    Thanks,

    gchopes





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  • Gowtham Nalluri
    06-25 02:31 PM
    Here is what I heard from my lawyer..

    If you've your I-797 approved till say April'2008 and while entering USA if a new I-94 is issued with an earliear date say dec 2007. Then automatically your I-797 expires on dec 2007 (basically the date on the I-94) because I-94 has higher precedence than the dare on I-797 and the date on the visa stamp in your passport. You've to apply for new I-797 and get an approval before the expiry date of your I-94 to maintain status, if you want to continue on h1-b.

    Going on EAD is an other option, if you have it....so please check with your lawyer immediately.





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  • talash
    04-25 03:49 PM
    Hi folks !
    need help .
    I140 denied from NSC .got REF on 03/08 . Was for A2p.fellows got same RFE and got approved from same employer but mine got denied .Didnt get official notice yet .What are my options .please advise.
    Im on 4 ye H1b .and have option to change employer and also have option to keep the same employer and work for another employer at the same time .
    please advise !!!





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  • rb_248
    09-11 03:00 PM
    But were you carrying your H1B or EAD/ AP with you all the time....?

    No I did not. Because my attorney did not ask me to do so. But, after I got my GC, they emailed me some instructions on what to do and what not to do. In that list they had this instruction to carry my GC with me all the time in BOLD.

    So I got concerned and posted this which has resulted in a lot of hating and loathing. I am not understanding why is this my fault.





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    08-13 11:25 PM
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    12-22 07:07 PM
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