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  • Libra
    08-29 02:05 PM
    If you are before july fiasco and after july fiasco filer

    and resides in MN/WI/IL/OH/PA/IN

    http://immigrationvoice.org/forum/showthread.php?t=12599&page=3

    or resides in MA/VT/ME/RI/NH/CT

    http://immigrationvoice.org/forum/showthread.php?t=12628

    or resides in NC/SC/GA/ FL

    http://immigrationvoice.org/forum/showthread.php?t=12632

    or resides in tri-state

    http://immigrationvoice.org/forum/showthread.php?t=12567





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  • anilvt
    09-18 10:31 PM
    hello ras,

    did u show up today at the rally man?


    why don't you show this to congressman

    why show us your inventions about GC fourth law ?

    and other people like us who can't make decision and change the law?

    after gc wud u like to invent citizenship formula

    try to get some 50 eople in the next rally

    Thanks





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  • aardee
    09-07 01:53 PM
    Just consulted a lawyer and he gave me following solution:

    2 applications (1) F1 visa application; (2) I-212 Waiver.

    I was asked specific question thru which I got trapped . He gave me 2 options either accept that I worked and not be banned from US , or argue and be banned for 10 years . I was not given many choices . When asked forcefully I simply accepted .

    Contacted murthy and rajiv kanna but they declined . Is there any lawyer who handles student deportation cases . Please advise .





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  • pcjandyala
    08-09 11:58 PM
    Kumar,

    We understand your concerns. Please double check whether you can apply for COS(chang of status) alone as you are already here so that USCIS approves such requests. if you are hesitant to go out of the country then you may look for one more option. You got H1B approval so you are excemted from the quota. So, you can apply for another H1B+COS with Company B and you can start using it once it's get approved.


    Please note that you cannot come back on L1b if you opt to go out of country for stamping otherwise your last status rule applies.



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  • Jaime
    09-12 03:03 PM
    Come on guys! We can't let Ranga get sucked into the U.S. Reverse Brain Drain!!! Nor can we let any of the 500,000 of us get sucked in either!!! Let's go to Washington next week!!!!





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  • njdude26
    04-08 08:05 AM
    im sure you can come back if you drive into Canada because your I94 will still be with you.



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  • wandmaker
    10-20 04:36 PM
    I'm going to meet the lawyer to see what is the option here. But what is the best thing to do ...go back to India and get the H4 or apply the cos from h1->H4 from here?

    What did your lawyer say?

    Anyone guys...?

    I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.

    let me know if anyone has the same case or gone through this.

    Thanks

    it is up to you decide, which side of the double edged sword you want to hold onto.





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  • OLDMONK
    06-18 06:55 PM
    Remember, everthing copy. Nothing Original. don't send your original I-94, but a copy.


    I think if affidavits of Marriage and Birth are submitted, those would have to be originals.



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  • lonedesi
    05-03 06:37 AM
    I think it makes a lot of sense in what Janakp is conveying. These online petitions are no good and will achieve nothing. It is better we meet our congressmen/senators and convey these issues to them or their staff.





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  • supers789
    09-18 08:06 PM
    as far as previous employer has not revolved / canceled i140, and Priority date for i140 is backlogged, you can get 3 yr extension on h1b using previous employer's i140. if any of these does not satisfy, you do not get 3 yr ext. using old company i140.



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  • gcformeornot
    10-12 02:25 PM
    you need to get paid all the time. Even during maternity leave. Not getting paid is voilation of status and violation of employer-employee relationship.





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  • morchu
    06-01 04:54 PM
    1. Indian passport holders are exempt from the 6-month rule. Link.... I will search when I get time and post.
    2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here: http://www.visalaw.com/06feb1/2feb106.html

    http://immigrationvoice.org/forum/showthread.php?p=344473#post344473
    Greg mentioned that....
    "There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."


    Hi Morchu,

    I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.

    Ok, so how can one prove his intention at the POE for GC?

    ....would appreciate your reply.



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  • Sunx_2004
    10-05 02:28 PM
    bumping it up





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  • dilipb
    02-13 03:54 PM
    What all countries in the world require is young intelligent sensible people like us to become politicians....so that we can make fast changes and make this world a more interesting place to live in.

    but but but....



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  • aka
    05-17 07:09 PM
    Guys, I received THE magic email also this week. Card Production ordered on May 14th. HUGE Relief!!!

    I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:

    a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)

    b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.

    c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.

    Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.

    Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!





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  • lazycis
    01-15 11:15 AM
    Finally, I found it in the federal regulations. So it's the federal law.

    20 CFR Ch. V. � 655.731
    ...
    except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);



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  • Asian
    08-22 01:02 PM
    I think it still helps. Skil bill is the best bet and method we got so far. However, it seems to me we are underestimating it. We need to put more concentrated and focused effort on it.

    See page 3 on this:
    http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf

    If per country limit of 7% stays, how much relief would it bring in terms of
    priority dates for India/China born individuals?

    I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!

    Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.

    Am I getting too pessimistic?





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  • Prashanthi
    10-20 04:54 PM
    Try to file for a change of status from H-1 to H-4, include the hospital records and letter from the employer that your wife is on maternity leave, see what happens. If that does not work then you can think of leaving for a visa, you will not be barred for 10 years as you have not accrued unlawful presence, this is only accrued if your I-94 expires or the USCIS determines that you are out of status. However, going outside the country is risky as you may not get a visa and may get stuck outside the country. I would try to do the COS first.





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  • sidd
    06-19 04:50 PM
    Hi.,

    My wife and kids went for visa interview last friday (13th June 2008). Visa officer collected their passport and told that you will recieve the passport by next week. NO colored notice/slips are issued that time. But, We didn't receive the passport so far. The passport was NOT sent to the VFS office either. When we called the consulate regarding this, they told that the passport is with Consulate only and I-797 verification is under process which will take 5-10 business days.

    My questions here is:
    1. Once the visa officer accepts the passport, what are all the process involved before despatching the stamped passport to the applicant?

    Note:
    Currently I am in US under visa extension and yet to get my passport stamped for this extension period. My wife went to stamping with my new extension approval notice I-797.

    Thanks

    It is PIMS verification. Your I-797/petition is verified against a central database. If the petition info. is not already there in the database, then it may take around 1-4 weeks to get it entered in the database and verify it.

    I would appreciate if you could share some more information about yourself that can be helpful to others...like....app. when your H1B was approved and from which CENTER. To which consulate your wife went for the stamping?





    Green_Print
    07-17 06:47 PM
    We should send flowers to her with a personally written thank you note.





    ram006
    07-17 09:35 AM
    I meant re-apply for her 485

    I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

    July 1st - Applied Wife's 485
    July 8th - My 485 was approved
    July 13th - Wife's 485 Denied due to outdated forms
    July 14th - My H1, Wife's H4 and I-94 Expired
    July 19th - Planning on sending a new 485 application for spouse

    I'm mainly concerned about two things
    1. Is she out of status for 5 days from July 14th to 19th
    2. Can I still apply her as a derivative, as my 485 is already approved.

    Thank you,



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