Friday, June 17, 2011

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  • Winner
    04-21 12:28 PM
    If I485 is denied for wrong reason (due to USCIS error), I understand that the applicant and attorney can file a MTR, but during the time till the case is reopened again, is it legal for the employee to work on EAD?

    My assumption here is once the denial notice is received, it may take few weeks/months to gather the necessary information, send it to USCIS and then the case gets reopened.

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  • MerciesOfInjustices
    03-25 09:09 AM
    TOI is the champion of these kind of nonsense, after S.1932 was passed by the senate they published an article saying 'Good news, A bill for Green card increase, H1B increase ..... have been passed by U.S. lawmakers' with no mention of house hurdle etc. I fail to digest that the reporter who is writing the article doesn't know, after the bills get passed in the Senate they go to Congress. But it's TOI they can do that.
    Write to TOI, the article is from a news agency but they should be talking about legal immigration issues more.

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  • FinalGC
    10-30 03:46 PM
    I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.

    One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....

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  • lostinbeta
    10-04 01:00 AM
    Did you click the paint bucket inside the marquee area.

    If you click outside, it will not fill anything, but if you click inside the selected area, it will fill.


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  • Adam
    08-26 11:10 AM
    That one looks perfect gundark.

    agreed, very nice :thumb:

    redelite, I like your angry one :) Reminds me of my wife :D

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  • fromnaija
    07-25 12:20 PM
    You don't sign I-140, your employer does. Only exception - self-petitions.

    Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.

    May I know the implications of this? What all are the possibilities ? Will they reject the application?


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  • skagitswimmer
    May 21st, 2007, 01:15 PM
    Another option - which I would try after the air bulb but before I try any cleaning solution is a soft brush designed for the purpose. Some people swear by art brushes but I sprang for one of the electronic "spinner brushes" sold by Arctic Butterfly which makes a variety of sensor cleaning products all of which are expensive.

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  • trump_gc
    08-12 06:19 AM
    What if no birth certificate was available and we had submitted a non-availability certificate...will that lead into a RFE?


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  • MrWaitingGC
    07-04 10:17 PM
    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.

    In General there is a big need of Talents in US, so If you go now I dont think they will dig details in your case. According to my recent study (As I went for stamping in April)they are just checking W2s or recent Pay stubs. So you should be fine.

    Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
    Good Luck.

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  • njboy
    06-08 09:14 PM
    There is a big difference between first class and economy class travel, and preventing a spouse who has already exhibited intent to immigrate from working for a very long time if they dont pay $1000.00 for premium processing of I-130. This is the reason I quoted the examples. Im not saying this from a "commie" point of view that everyone should own a Lada. While it is true that the employers should pay for premium processing, many people end up paying for it themselves, maybe in the form of reduced bonuses, or something else. Imagine what will happen when BCIS is swamped. We, desperate for a resolution for our problems, will end up cajoling our employers to drop a thousand dollars here for I-130 premium processing, another 1000 dollars for H1B premium processing because it already takes 5-6 months during regular processing. All Im saying is, fix the problem instead of finding band-aids.


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  • kumar1
    12-26 02:37 PM
    It is with Laloo Prasad Yadav.

    I am not able to find the alien ship which I parked at JFK when I came here. Is it with NASA or the CIA?


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  • sundarpn
    07-19 11:10 PM
    have the same q. I was told not to change till EAD comes. But with this flood gate open that could take long.

    I don't want to be stuck to the same apartment!! This 495/GC crap is affecting even basic decisions!


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  • karthkc
    05-24 12:38 PM
    You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...

    Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..

    This is such a grey area, I bet even USCIS is not clear on what they would do...

    Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?

    I think u need to start afresh a new one only if you are out of country for one year.

    Folks, if any one has done this please corraborate

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  • dixie
    09-17 11:29 AM
    What you say is true, but then we do not represent all legal immigrants either .. we are specifically focussed on employment-based permanent residence applicants. We do not want to associate ourselves with family immigration or H1-B visas any more than illegal immigration. Unfortunately, even when ordinary americans think of legal immigration, it is these varieties that spring to the mind. Given the difficulty we already have in getting adequate coverage, changing names mid-stream might cause confusion.

    I am not starting this thread to start get any offensive resposnes. I feel that we need to distinguish ourselves from the illegal people and make the American public aware of our issue. How many will understand our current situation by hearing our name? I understand that name change is not a simple process for an org and might involve some paperwork. The website redirection shouldnt be a big deal though. This is not the need of the hour as the core group might be busy working with QGA.

    No offence intended, no flames expected :)


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  • LostInGCProcess
    06-15 04:25 PM
    So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.

    Does anyone has more info to better understand what these dates imply ?

    It is only the unfortunate souls from India (including me :( ) and China who are not getting the GC's. Rest of the world are getting....that includes Sri Lanka, Bangladesh, Nepal, Bhutan etc....I wish I was born there so that I could have fallen on ROW category. :-)

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  • lostinbeta
    10-04 01:43 AM
    Oh, that is awesome=)

    Congratulations on a job well done:)


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  • martinvisalaw
    03-24 01:45 PM
    Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.

    Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (

    You must also look at the "actual wage."

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  • pbojja
    02-09 08:34 PM
    Link - The link is not working..
    Krishna/Sri, could you give me the correct link.

    Thanks Krishna / Sri for very useful information. I will try this option before the other ones.

    Thank you very much.

    You can give it a try ..It did not work for me so I travelled . Yes you need visa for Canada .

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  • h1bnogc
    08-30 06:51 AM
    The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.

    Thanks for taking time in responding to our queries.I understand this is old thread, still questions are same It looks like in this travel scenario, extension of stay makes thing more complicated than h1b transfer because of start and end date of extension and travel date.

    It appears that if POE officers gives new I94 based on future I797 or old I797, as far as there is no gap, it is ok.

    How about there is overlap? let say new I94 issued by POE officer expires Oct 10 (current H1B expires sep 30 + courtesy= 10), one attached with extension of stay approval start Oct 1. Is this a problem (last action rule or anything else)?

    thanks for your response...

    09-10 12:08 AM
    Can we buy there in DC instead of ordering now and not receiving before we leave? I am from dallas and If I order on Monday, do you think I can get before friday? FYI: I am leaving on saturday morning...Thanks...

    06-08 08:07 AM
    What is a status quo?

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