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  • Legal
    07-26 12:32 PM
    very good idea! We should fight..

    This time they can not say they can not say unrelated immigration issue should not be attached to a spending bill.

    If this claim is made again by immigration restrictionists, then the "more visas for crab pickers" deal should also go:D





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  • desi3933
    06-25 04:33 PM
    >> 1. What was your original I-94 date before H-1B amendment was filed by Company A?
    September 30 2009
    >> 2. What was amendment for?
    amendment is for change in annual salary
    >> 3. Why H-1B amendment was denied?
    The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.

    Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.

    If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.

    >> Can I work after Company B files MTR?
    No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.

    I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.

    Good Luck.


    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • drona
    10-02 12:45 PM
    Come on So Cal folks. We are meeting in Cerritos, CA this Saturday October 6th at 3pm. Login to our yahoo group for more information.

    http://groups.yahoo.com/group/SC_Immigration_Voice/





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  • kgwithnogc
    05-08 09:59 AM
    http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/05/06/wchina06.xml



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  • retropain
    08-14 02:07 PM
    Congratulations my cuban friends!

    You no longer have to wait in this friggin' green card line

    http://www.miami.com/mld/miamiherald/15256657.htm

    Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.





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  • milind70
    04-01 05:58 PM
    Folks,
    I checked my status online today (4/1/2008) and this is what it says:

    "On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."

    I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.

    My Situation:

    PD - Feb-2005
    Labor - Approved
    I-140 - Approved

    I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.

    I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?

    So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?

    I am thinking that it might be the FP appointment but I am not sure.


    -Bipin

    I and my wife had applied online for our EADs in Nov2007 , we got our EAD RN in a week time but in Jan i got FP notice for EAD and Jan 19 2008 my EAD got approved and mailed as per the online status , but when i checked for my wifes status it said notice returned undeliverable . My wife wrote to to the service centre with copies of her 485 FP, EAD RN which had the same address as well as a copy of the EAD application showing the same address as well as to the local Post Office as to why this was returned as undeliverable when all the other notices were fine . We did fedex these applications overnight and two days the online status changed as card approved and she got her EAD on Jan 30th or so.
    I would suggest if this is a mistake of USPS who have returned the notice even though the address is correct write to USCIS with copies of earlier notices with the same address and request them to resend and to USPS asking as to why the notice was returned as underlivered where as earlier other notices were delivered.
    It worked for us , we did not get into the hassle of calling Customer Support and taking infopass and going to Local office as these are pretty cumbersome and time consuming. It did cost us 14 dollars for express mail via USPS but apart from that it was fine and it worked. Hope our experience helps



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  • Dhundhun
    07-10 06:30 PM
    On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
    In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.


    Basically the H-1B with company Y required Change of Status (COS). I am not familiar with this type of situation - whether you can get change of status done in USA or not. If not I think this is a case, which requires Visa to be stamped in home country.

    Could somebody throw more infromation on this? Thanks





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  • p_kumar
    04-08 03:44 PM
    PD: July 01 EB3 India
    I-140 approved: 03/2004 (Not concurrent)
    485 RD: March 05 (CSC)
    Case transferred to NSC: 03/2006

    I am surprised you didnt get your GC around july,2007. are you stuck in namecheck?.



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  • polapragada
    10-23 05:56 PM
    This seems pretty amazing. I wonder how it will play out in action.

    "On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
    Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.


    * WHO WILL BENEFIT FROM THE NEW LAW?
    Not only does the new law eliminate the infamous "widow penalty", it does so much more!
    When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
    There are few options for surviving relatives:
    For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
    There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.

    1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
    2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
    3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
    4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
    5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
    Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.

    ........
    * EXAMPLE #4 - Employment-Based Petition
    Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".





    * CONCLUSION

    The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
    However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."

    http://shusterman.typepad.com/nation...y-members.html


    It is very good law...Thanks for sharing..





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  • go_guy123
    11-24 10:00 AM
    "Its all about votes" only comes after - my point was that the unity the latino community projects is the driving force.


    The critical mass drives the unity. The indian community is lot lot smaller and even if united it will lack the critical mass. That itself drives them to persue individual subgroup interest by joing other interest groups thereby disuniting. The 90s was the period when
    hispanic community got united especially after Pete Wilson in Califonia and in US. There was major naturalization drive and voting effort.



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  • gbof
    08-01 08:31 PM
    Thank you for your valuable input.
    So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.

    Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?

    Congressman can't help in ending this "humanitarian" trauma while I am still alive?

    You seem o be enormously worried. Everyone knows dealing with uscis is a torture of a different kind. I will say Just relax and have good faith.

    God Bless Our Family





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  • Chiwere
    01-14 11:15 AM
    Initially I had sent:
    a. 1 letter from Company A
    States my title, skills dates
    b. 2 letters from Company B.
    1 generic letter from HR stating dates, no skills
    1 letter from colleague stating title, skills, dates

    I think the problem is with the Letter provided by the colleague. USCIS might be looking for a letter from Company B on the lines of that from A.

    Just Resending the letters as-is might not work- my 2paise.



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  • Hewa
    07-27 01:07 PM
    Hi,

    My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".

    My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.

    Regards
    Kasi

    Use the latest (and valid) I 94. The one that came with the H1 extension.





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  • gcformeornot
    12-31 10:02 PM
    Same here, september 11 notice date case transferred to TSC, EAD and AP recieved for self and spouse but no FP yet.

    Some say it is not an issue, some say it can be an issue

    but you never know with USCIS... anyways its more than 5 months...... that got me worried....
    But I am little better now... see my signature.....



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  • GCard_Dream
    10-09 04:10 PM
    I am not sure if you have done this already but if you have photoshop or any other photo editing software, just take your picture and do resize to 320 X 240. In photoshop, when I do image resize it gives me the new size option in inches and pixels. I pick pixels and specify 320X240 and bamm.. your image is ready. Let me know if that doesn't help.

    I have a hard time to adjust my photo to designated spec. I shrunked to 62kb but they did not take it and if I make it lesser, it won't be 320 x 240 pixels but less. I use regular digital camera. anybody help me how to do?





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  • riva2005
    11-16 05:58 PM
    That is exactly what the senate has been doing. And the House too.

    Naming post offices, designating and recognizing festivals, naming courthouses and writing checks to run the government.

    1. Immigration Reform: cant do.
    2. Ending the war : cant do.
    3. Reducing healthcare costs, reforming healthcare: cant do.
    4. Upcoming social security deficit : cant do.
    5. Budget deficits reduction : cant do.

    Next week, senate is going to do following things:

    1. Pass a resolution stating that it is the sense of the senate that sky is usually blue in color but on cloudier days, it tends to be green.

    2. Pass a resolution that water is wet and fire is hot.

    3. Pass a resolution that the building of Capitol is White is color, December is the last month of the year and the White House is also white in color.

    4. Take a break, eat peanut-butter and jelly sandwich, play in swings outside the senate building and then take a little afternoon nap. A little fight between Democrats and Republicans on getting equal time on swings and equal time with possession of soccer ball and baseball bat.

    5. Afternoon post-nap, easy-going session, name a few more post offices, praise the troops, criticize the war, praise the troops again, criticize the war again.

    6. Pass a resolution of Holi, Bhai-Dooj, Kadwa-Chowth etc.



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  • yabadaba
    06-22 03:23 PM
    Do we have to send our application to one of the centers based on where we reside/work?
    yes:

    2 options:

    1. current law allows u file at Nebraska
    2. direct filing memo says that filing can be done at Texas or Nebraska based on the state u work in from 07/30/2007..however they are allowing people from now till then to do the same.





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  • diptam
    06-30 05:26 PM
    Interestingly lot of folks like me are doing 485 on their own - because its NOT difficult. Its small Project and you have to get the Docs right and complete.

    Regd - Lawyers dont really answer RFE - they ask us to give the piece of extra information and henceforth charge 3000-4000... Like if a RFE comes to me because i didn't submit W2 and Tax returns - I'll send that. What do i need a lawyer to send my W2's ?

    So far as critical RFE's like Birth Certificate , Employment letter unsatisfactory they will straight away reject the case - No question of RFE an no need of
    lawyer answering it.

    I feel like lawyers are collectively spreading these rumours because they want peoples like me to feel scared with the overall tense environment so that they get more business !!

    I mailed my case today June 30th and it should hit Lincoln, NE July 2nd
    Since the Visa bulletion is still showing current i have a right to do that.

    Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....

    I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....





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  • amoljak
    02-09 12:33 PM
    Let's not forget that the reason Immigration Voices exists and the reason we are standing in the long line of immigration is exactly what David Brooks has outlined in the first few paragraphs.

    If India and China were to blow by the US... why would we be here in the first place?

    So instead of making an argument that you will be damned if you don't let us in (which is not entirely true), we should argue that US is a great country and a land of opportunities and we can help to make it even better...





    kondur_007
    03-20 12:33 PM
    I received my 140 and 485 denial letters on Mar 19th. The reason cited for the 140 denial letter was "effect of failure to respond to a RFE". I received the RFE on my 140 dated Feb 8th on Feb 15th and my law firm sent out the response to the RFE that reached TSC on Mar 11th as per the Fedex receipt.

    What are my options going forth:

    (1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?

    (2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?

    (3) Re-file a new 140 petition?

    Any inputs and other suggestions are appreciated

    Good, that makes things simple. File appeal or MTR (according to your attorney's advise) and it will almost certainly get approved. No need for new I 140. MTR/appeal is the only way of reopening this.


    Do it in timely fashion.

    good luck.





    SAPGURU
    06-30 02:36 PM
    Nothing is going to happen...I think rumor is spread by AILA itself so that all people can submit the papers before 2nd July and attorneys can file the cases on 3rd before they go on July 4th vacation, Just watch nothing going to happen in July, No new bulletin.



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