Sunday, June 26, 2011

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  • gaz
    08-13 03:34 PM
    oh - no disrespect to vdlrao - we're looking forward to more posts from him.

    even if some of his predictions are off target, its many more than us mere mortals who cannot even predict (or analyse) this chakravyu of GC bulletins..

    :)

    Come on guys, give him a break.

    His analysis was accurate, if any of you came across the September 08 bulletin, EB2 advanced by two months. Which equates to what vldrao analyzed in the past, the use of 20,000 visas in September.

    We all IV members stand united and lets not adverse someone on the basis of his righteousness. Even if a IV member is wrong, let's all correct him.



    Thanks




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  • snthampi
    08-16 02:24 PM
    Hi ,
    I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
    Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
    He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
    Thanks,
    Srikanth

    As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.




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  • honge_kamyaab
    11-15 12:07 PM
    Have you tried to get an appointment in Calgary, Halifax or Quebec City. These 3 places are normally the easiest to get visa appt.

    Also answer depends on number of questions.

    1) What is your current nationality

    2) Do you have expired H1 B stamp in your passport ?

    1. I hold an Indian passport

    2. My H-1B visa stamp expired

    3. I have a valid I-797 till 2008.

    4. I have a Canadian PR and yet to land.

    I tried nvars.com and found none in Nov and Decemeber




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  • mrsr
    06-26 09:50 PM
    how filed ,with the help of lawyer right?



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  • makemygc
    09-19 07:21 PM
    Hi Joozz,
    I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
    Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.

    Hope this helps,
    MakeMyGC
    Hi guys,

    Is there anyway somebody can give me an advice what to do?

    My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
    Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
    Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
    I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
    Thanks in advance.




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  • anurakt
    01-08 09:21 AM
    I agree with GC007. I have just been through a similar situation. My previous stamp was expiring on jan 21 07 and had gotten an extension upto 20010. I made trip to India this past december (2006) and was told by my lawyer to get the new visa stamped in India. This is because the new I-94 that you get with the extension has to be surrendered when you leave the country and on reentry you get a new I-94. That will be only valid upto the date stamped on ur passport and there is a rule that with regard to I-94, the last action takes precedence on previous actions.

    This was for my H1 and my Spouse's H4 visa.

    Are you 100% sure that it's the stamped visa date which will be given on the arrival and not the extension date ?? I was under the impression other way round ?



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  • GooblyWoobly
    07-18 07:00 PM
    read the last paragraph of the link you posted

    Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications.

    Thanks. Clear as day!! This sucks.

    This meand all the people here filing in July will have to shell out 340$ for EAD and 305$ for AP each year.

    Can someone answer Q2?




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  • gc_buddy
    01-08 08:08 PM
    Ok, Noted. That's what my company few years back advised few of our assoicates to do when they did not surrender I -94

    Embassies do not handle these matters. Departure and arrival records are maintained by Customs and Border Patrol (CBP). Here is the link for instructions on what to do if you did not surrender the I-94:

    http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1



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  • bb20078
    10-10 09:20 AM
    I also want to know the answer to this question

    Can you re enter USA on H4 after using EAD

    On the immigration form at the port of entry, can you put H4 and say YES to do you work?




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  • eb3_2004
    04-07 02:01 PM
    As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..

    Correct me if this is wrong...



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  • Munna Bhai
    06-11 12:20 PM
    Guys,

    Every news channel and radio stations is talking abt Bush bringing back teh Immi bill. And I think he will

    He will armtwist Congress to pass it like he got the Iraq funding bill passed (w/o plan for withdrawal).....We should have a plan to bring in our ammdts as soon as the bill hits floor again...

    http://www.cnn.com/2007/POLITICS/06/11/bush.immigration.ap/index.html

    Yes, it will be back and it will pass, we all should be well prepared this time.




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  • kumjay
    06-28 03:37 PM
    O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp



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  • perm2gc
    12-14 12:07 PM
    I searched some ways to solve the GAP problem.

    Now I collect it and please correct it if I have some mistakes.

    GAP problem is a normal problem . So we can share our information about it

    to help each other.
    Yanj Welcome to IV.We are here to help everyone.Your one month gap can be solved either by taking a course at Kaplan or talk to your international student advisory to take an extra course.Finally can you please help us my joining new members and contributing to IV.




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  • rockstart
    01-08 09:35 PM
    Thank you so much guys for the info



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  • sangeethak31
    07-14 08:33 PM
    Hi,

    Fortunately, I am able to get hold one of my ex-collegues. Is one co-affidavit letter enough?

    Thanks in advance.
    Sangeetha K




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  • kaizersoze
    03-21 12:32 PM
    just noticed up the thread that there was a conf call held already. pankaj,
    could you pls share the details.



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  • saturnring11
    07-22 06:31 PM
    You should analyze this situation based both on what it does for your career and immigration prospects.

    Let's say you accept the EB3 employment with the big company. Does that get you closer to where you want to be 5 years down the line?

    Can you not find an equivalent company or another job at this consulting company that would be eligible for EB2? This would be the best of both worlds.

    Life is about trade-offs. You've got to make the best choice for yourself weighing the pros and cons of the situation.

    If you value your career over your GC and think this is the best you can do right now, by all means jump. Otherwise, be patient and find the combination of EB2 sponsorship at another more rewarding role.

    Good luck!




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  • WaldenPond
    01-07 12:54 PM
    Hi All,

    I am a new user to this forum. I have been reading all the messages in this forum silently from the past couple of weeks. This is very interesting to see lot of efforts are going on to get the relief from the retrogression. I am also one of the victim for this. Here are my details.

    Labor PD: 19 Nov 2003.
    Labor Approved: 17 Nov 2005
    140 filed: 5 Dec 2005.
    AD???????

    Hello gcloker,

    It was very nice talking to you just now. We feel that motivated individuals like you can really make the difference with this effort.

    Thanks You for extending your active volunteering and participation with this effort. Please continue to invite more of your friends and we will together make it happen.

    -WP




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  • for_ac21iv
    06-01 03:26 PM
    Hello all - Thank you,

    I am impressed with the response to this poll.
    Within minutes of creating the poll, I saw a lot of views and
    good number of people expressing interest towards a new
    separate bill for legal immigrants.

    How can we take this forward ?
    Can core members of IV comment on this option please ?
    Can I call and talk to someone to discuss this at IV ?

    PCS -- thank you.

    regards,




    ChainReaction
    10-09 07:06 PM
    Hello guys,
    I applied for I140 & I485 + EAD concurrently at the Texas service center on July 19th. I got the receipts dated Sept 11 on Sept 17 and a week later I got the EAD's. My priority date is Feb 04.

    I live in New Jersey and I would assume my FP appointment will be at the NewArk USCIS center. I still did not get any FP notification yet and I started to worry because on the tracker a lot of people with the same dates did get one already. Should I worry or is OK for now ? Is New Jersey more crowded than other states and that is the reason for delay ??? Anybody else in the same boat ??
    I know they consider the application abandoned if I have an appointment and don't go. If, god forbid, the letter is lost in the mail, is there any way I can find out if I have an appointment ?

    I have don't have a lawyer so they will not send a copy of the FP appointment letter to the lawyer.

    Please help !

    :(:(:(:(

    I am a June 25th filer, and i got my receipt for 485/131/765 on Sept 10th and haven't received any EAD or AP and no LUD as well forget about FP. I called TSC multiple time and was told first to wait till 90 days of filling ,then 30 days past receipt now 4 more weeks; since they are heavily backlogged busy in issuing receipts for 485 filer.

    When i contacted my lawyer he told me the same he is still waiting for the receipts for some of his clients who filed in July/August and reassured me that if or when a receipt is issued he will also get a receipt notice, and will contact me ... so don't worry to much regarding FP misplacement and relax it will come... after all it is National security, if the US is not concerned regarding it then why should you .;)

    By the way my PD is March,2003




    vjkypally
    03-17 10:40 AM
    You cant just divide 500000 by 3. The numbers are not same for all categories.Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
    Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.



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