Wednesday, June 8, 2011

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  • pappu
    07-18 02:14 PM

    Message from IV
    IV does not recommend any such actions.

    We are aware of the issue and if there is any acion item, we will post it.

    also be aware of what we posted earlier on this issue:

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  • lskreddy
    04-12 09:51 AM
    Can you not reply anonymously? If you couldn't, if you respond, I don't think they would put your existing application in jeopardy if you respond truthfully. You certainly have a good reason to move and they seem to already know that.

    If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.

    If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.

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  • bala50
    08-09 09:38 PM
    Department of Homeland security doesn't conduct background checks for Adjustment of Status cases. These are done by FBI which is a part of Department of Justice. This news will not be of any value to us.

    DHS asks and pays FBI to do the checks. They can do a lot , to improve the situation.

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  • dan19
    01-15 11:48 AM

    the canadian immigration specifically asks for the IELTS. so try to take it. it is not a difficult one.

    one of my friends wrote a detailed letter to the immigration dept. showing proof of his english proficiency. i heard it worked and he wasn't asked to take IELTS. (but it all depends on the officer who evaluates the case)

    Furthur the letter states: If you fail to provide results of Lang test , an assessment will be done based on information you have provided and that may result is fewer points being awarded for language abilit, influencing overall eligibility.

    I am thinking of not taking this test. Anyone else with similar letter from canada Buffalo office?


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  • vinayskadam
    11-24 01:22 PM

    Thanks a lot for the quick reply, its really helpful.

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  • harishgowda
    05-19 08:08 AM

    My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
    I have worked in US from October 2008 to January 2009.

    Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.

    Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?

    I am thinking to reapply again in next 2 day.

    Can anyone help me what should i do in this case?

    Harish Gowda


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  • gc_chahiye
    10-31 03:22 AM
    WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.

    H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.

    Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?

    Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.

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  • Sheetal_MA
    06-09 10:52 AM
    If you have w-2's you just need to fill 1040NR-EZ and send it back to the requesting officer. I don't understand what is the problem in fill a form and signing it and sending in the copies of it... what difference does it make if it was filled in 1999 or 2008 as it will be the same thing.... if they have a problem ask them to verify it with IRS which I am sure they will not able to do as there is no way so they have to accept what you submit... just my $0.02.. ask your attorney about this...

    Hmm...isn't this illegal?


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  • gondalguru
    07-08 09:40 PM
    BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.

    Hi Paskal:

    I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.

    Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- ( says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.

    I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.

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  • glen
    08-05 11:53 AM
    I got my passport renewed last year by mail. It took 7 - 8 weeks to get the old and new passports.

    I am sorry for posting in here, but I was wondering if someone actually went in person to the Houston Consulate to get their passport renewed. Also, do we need to have any reason to attend in person at the Consulate such as emergency, etc.

    I am from India and my passport is expiring on Aug 17. I read before in the forum that it is better to go in person to renew the passport. Any experiences please let me know.

    Thanks a bunch


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  • gcnirvana
    03-30 03:36 PM
    You should be fine. We travelled one month after I switched employers using the AP I got while working for the old employer. No questions asked. But do carry all supporting documents and if asked about current employer, tell him the truth that you switched employers. Don't hide anything. Good Luck!


    I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

    Can you please help me with following question?
    My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?

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  • pd052009
    08-20 02:38 PM
    Considering the amount for H1 transfers(Hope the economy improves a lot for easy h1 transfer), the collectable amount will be more than 600M.


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  • samsu
    04-21 08:36 AM
    Thanks for your reply guys. I just came back from international travel and I thought I should share here for the benefits of others.

    My lawyer at new company suggested we apply for AC21 just to be safe and we did the same before I traveled and I kept copy of it with me. I was told that officer doesn't generally ask for employment but I was asked about it during first inspection. He asked me where I work now and who filed for my GC. When he found out that I work for different employer he said "I thought you can't change job while this is pending". I didn't respond as his question was casual and I knew I would be going through secondary inspection. I didn't want to go into AC21 discussion with him unless he insisted. He didn't say anything and sent me to secondary inspection.
    No question asked at secondary inspection at all.

    I hope it helps other. just be prepare in case.

    Thanks again.

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  • sapota
    08-22 02:50 PM
    I know some of you will be attending the Rally in DC on Sep 18th.

    But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.

    This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like

    West Coast (Bay area )
    Midwest (Chicago)
    Texas (one of the major cities - Dallas, Austin or Houston)

    Think of all the local media attention this gets & also the ripple effect into national media.

    Any thoughts ??


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  • GCPagla
    03-15 10:16 PM
    Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?

    I would appreciate if anyone who invoked Ac21 can help

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  • kprgroup
    08-03 01:45 PM
    Did your denial letter has similar wording?..............just curious


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  • BimmerFAn
    07-20 02:12 PM
    Hi Gkaplan,

    Unfortunately, as far as I know the only way your husband can apply for your waiver independently is in the event of a divorce from or death of a J-1 Principal. Other than that, he can not apply for his own waiver independently of you. However, that said, you could always apply for a waiver. It does not have to be in the form of a No Objection Letter from your country. I heard the process for IGA waivers is substantially easier. Even though there are only a few IGA's that have official J-1 waiver channels, just about any IGA can apply for your behalf, so in reality you have a very big pool to chose from. You just have to find a few in you relevant field of study and convince them that your work here will benefit their mission.

    You can apply for any change of status as soon as an H1-B a favorable recommendation is granted. You do not have to wait for the final USCIS waiver. You just have to make sure whatever center is processing you knows that you have this waiver waiting at the Vermond Service Center, VSC. The Department of State only sends these recommendations to the VSC. In fact, you can apply for an H1-B visa without the waiver if you select to have it processed ouside of the country at a consulate. Later, you can supplant the waiver in your application when you go interview with the consul.

    I am not an attorney and don't claim to have any extensive knowledge of immigration law outside of my own personal experiences, so please do not take my suggestions to be 100% accurate. I would recommend you go speak with a good attorney.. By that I don't mean someone you looked up in the yellow pages or via an internet ad. You need to speak with someone from preferably a big immigration firm who will have J-1 Waiver experience and be able to handle your case properly. Big firms have research assistants who make less than minimum wage and just look up case law and different cases. Ultimately, big firms are far more useful and can offer real advice. That i definately know from my own personal experiences.

    Best of luck!

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  • leo2606
    09-24 08:38 PM
    Yes, she is the primary applicant. I called the attorney this evening and he suggested H1 tranfer. I have seen people saying USCIS is rejecting H1-B transfers if the applicant already got EAD. I have to see how far that is true.

    is she the primary applicant on AOS? If so, to be safe, you may have her continue on H1 (provided employer is willing to file for H1B ac21 aka "transfer").
    If she is not prim. applicant and If the employer is not willing to shed the H1 "transfer" money, you may save money by using EAD.

    just my thoughts, check with attorney please.



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  • Becks
    08-16 05:51 PM
    I had my PA DL renewed last year. All they asked was the original I-485 receipt, Passport. They dont consider EADs.

    01-28 04:38 PM
    I don't think Americans are that short sighted or narrow minded to want to steal your social security money. I know, i read a lot of press releases on how their social security is in a mess. They will fix it. I have no doubt about it.
    Who thought India would be in such a limelight and then go on to be economic power before year 2000?
    In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.

    Just be positive and drink a high gravity beer.

    Yeah right... he wants your brain, but does not want your body. Got it? :rolleyes:

    In case you did not, Americans only want you to come to work for them and then you will need to leave... so that they do not have to pay your social security down the road. Isn't that a good deal?

    09-24 03:50 PM
    Any thoughts

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