Wednesday, June 8, 2011

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  • rajsenthil
    08-17 10:41 AM
    Hi,

    I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.

    Thanks.

    I have got valid H1 and B1 (expires 2013) stamped. The consulate did not cancel my B1 when I went for H1. Again it depends on the interviewer, for few of my colleagues, they cancelled the B1 and issued the H1.




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  • WaldenPond
    01-23 07:49 PM
    In some of the threads in this and other forums there was some concern expressed about non-citizen's right to hire a lobbyist or petition congress. Here is the text of the 1st Amendment of the Bill of Rights:

    Amendment I
    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances

    The term 'people' or 'person' in the constitution refers to inhabitants and not citizens.

    Second, your members already spend a great deal on attorneys to help them with immigration issues. Our hope is that by spending a little bit on a lobbyist to get the laws fixed, we can save a lot on attorney’s fees.


    Here is a link for Bill of Rights which precede any other law: http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm

    If a law is in violation of first ten amendments that are together called as Bill of Rights then that law is unconstitutional.

    It is the right of all to petition congress and tell the lawmakers about their grievances.

    -WP




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  • DSLStart
    07-29 11:22 AM
    He did ask me who filed for the GC so he knew mine was EB case.
    Elaine,
    Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
    thanks,

    The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.

    My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.




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  • ujjwal_p
    06-05 11:23 PM
    I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.

    Does this mean both the employer and employee get their separate copies of I-140? I assumed only the employer/lawyer gets to have the actual I-140 approval.



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  • perm2gc
    08-24 12:58 PM
    My first term on H1 expired on June 2002. I revalidated it and the second term also got expired as of June 2004. Since I was in US only for 3 years on that H1, is it possible to revalidate it again now, even I'm not working for company A now? Company A can file for revalidation for recapturing the remaining time on H1 but you may to work with them once the H1B's gets approved..

    Above Expressed Views are Personal..Please Consult your Attroney.




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  • izolo
    06-04 10:29 AM
    thank you very much for your help. It makes me feel much better now.just the employer has told me that the business is low these days, will their incom and cotracts will review again? it is a very small size company.
    Thanks again



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  • ashwaghoshk
    04-26 08:01 AM
    Rollingstone is right. There are chances of the 7th year extension only if your labor is 365 days pending or have an approved labor/I-140. If one of these applies to your case then you should have activated your 3 months of H1B in premium processing. Why didnt you do the premium processing? Now that your 6 years of H1 have ended i really doubt USCIS will consider your case and give the 7th year extension. Not trying to scare you but that's what I feel.
    I hope you get the extension. Good Luck.




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  • hpandey
    06-25 01:27 PM
    you can try to contact the australian consulate to replace your passport. they should be able to pull your information. but in any case, even though you entered legally, you overstayed for more than three years before marrying a citizen. therefore, from the time your visa expired, you are in illegal status, and i am not sure you can adjust your status by staying inside the US. I think your best option might be to return to your country of citizenship and have your spouse apply for a green card.

    He came to US in 1994 and most probably visa expired in 1995. He married his spouse in 2006 - that is 11 years of illegal stay .. You are correct though that the best option would be to go back and apply through the home country .

    I have an office colleague though whose case might be similar. He came to the US in 1989 illegally - he married his wife who is a US citizen in early 2004 I believe and applied for a GC through her and this year his GC was approved. I guess you really need a good immigration lawyer since I can see that this is a real possibility from the example in front of me.



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  • uma78
    06-02 08:44 PM
    Not attacking you, but you will acknowledge that not every IV member shares his every trick on this forum - what have you shared?

    I share what I know and relevant to the thread :D.




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  • GTGC
    02-07 04:47 PM
    A few days ago there was a soft LUD on my spouses and my I485 applications. I am the primary applicant and I also had a LUD on my I140(approved in 2006).

    Then a couple of days later the message changed for my spouse and we recieved a physical notice in the mail from USCIS. The notice stated that-
    Only my spouses I 485 application was transferred from TSC to NSC. The reason for transfer of the application was "faster processing".

    Has anyone had this experience where the derivative application was sent to another service center but the Primary application remained in the original center.

    My lawyer says this is normal processing.



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  • abheja
    12-21 07:25 PM
    Wrong. The DS-160 is just part of the process. Consulates all over the world cannot issue visa until they can verify through PIMS. I was asked a lot of questions in the interview because my name did not appear in PIMS. At the end, the consulate said, I qualify for the VISA but their hands are tied. Consulates have no control over PIMS and according to the consulate, they send an inquiry to KCC and have to wait for them to update.

    My interview was in June so I don't know if things have changed since but please consult your attorney.




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  • linuxra
    07-14 08:05 AM
    What do u mean by Company A taking my GC i did nt get u u mean AC 21 or filing a new labor etc...



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  • cooldudesfo
    09-11 01:46 PM
    Does your Attorney says that counter will start from Aug 28, 2007 ?

    Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?

    I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.




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  • jhaalaa
    03-19 04:15 PM
    I guess OKies are lazy guys. Please post your details so we can help do some more than just benefit from the efforts of others assuming Lady Luck would eventually smile anyway so why bother her now!



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  • jonty_11
    02-19 12:32 PM
    As per immigration-law.com..Senate may work on CIR in March 07 and hand it over to House by APril 07....House may however sit on it for years on end...

    02/18/2007: Need for Immigration Reform and Concerns with Growing Gridlock in Legislations in the Congress

    The Democrats launched a new Congress with aggressive platforms and legislative agenda on January 4, 2007. Madame Pelosi of the House set the first 100-hour legislative agenda and the Senate Majority Leader, Harry Reid presented on the Senate floor ten legislative bills as top priority for the first few months of the Senate.
    However, immersed in the party politics, the Congress left the Hill yesterday, Saturday, for a week long break without achieving a lot because of the gridlock it had faced in the Congress. Samo, Samo Washington politics involving the Republicans and Democrats. It practically means that the Congress wll not resume the active legislative activities until March 2007.
    S. 9, the Comprehensive Immigration Reform bill, adopted by the Senate floor, is in the Judiciary Committee of the Senate. The newly elected Chairman of the Judiciary Committee, Sen. Leahy, reportedly set the CIR as one of the top agenda of the Judiciary Committee for March 2007 and the Democratic leaders reportedly determined to pass the CIR by April 2007 and quickly send it over to the House for its prompt action. How beautiful the agenda of the new Congress.
    We want to watch carefully how closely the leaders of the House and Senate will follow through the agenda. In a way, from the perspectives of this immigration legislation agenda, we are relieved that the Congress was over with the most serious road block to the Congress, to wit, rebuke of Bush's resurge in Iraq.




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  • Ramba
    08-20 06:52 PM
    As she yet to file 485, it is important for her to keep the valid non-immigrant status till she files AOS. Yes, she can go for F1, if you plan to use EAD and abandon your non-immigrant status. Unless your H1 transfer is approved, her H4 will not get extended. Therfore don't worry about the extension. File F1 ASAP,



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  • amitga
    02-21 01:01 PM
    Going back home is the only backup streategy. Probably everybody who is not contributing to IV, is depending on this backup plan.

    People,

    I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.

    The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.

    I think its worth a discussion.People any ideas.?




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  • gc_on_demand
    04-30 03:01 PM
    Comprehensive Immigration Reform in 2009, Can We Do It and How?� is live now.

    Here is link. Will some body hear it and post the updates?

    http://judiciary.senate.gov/hearings/hearing.cfm?id=3793


    Thanks in advance.

    Alan Greenspan is talking about H1b and other highly skilled immigrant's issues. Also mentioned about Housing Crisis.




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  • immique
    06-30 01:43 AM
    I am having a little difficulty understanding this. If you are not so sure about approval in EB3 category how do you plan to apply in EB2 category? Moreover what makes you think that your EB3 I-140 may be denied? Even if it is a Labor substitution case if your application is strong, you should not have any issues. Your employer must support your EB2 application otherwise it is not possible.




    satyab7
    04-26 03:15 PM
    Keep up the good job guys ....




    wizkid732
    08-26 07:47 AM
    Thanks overseas.
    Just curious... has your case been approved?
    I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.

    They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.

    I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).

    I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.

    I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).


    wizkid732,

    My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.

    On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.



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