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Abhinaym01-27 09:59 AMDoes anyone have a link to this bill/article? I don't see anything on the news yet.



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GCcomesoon03-14 01:20 PMHi

Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.

Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.

Thanks
GCcomesoon



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amsgc07-23 12:08 AMDid you send them a copy of the approved I-140 and request them to port the PD?
Also, do you know if your previous I-140 has been withdrawn?

All,

I feel that those who concurrently filed I-140/485 in July 2007 are very lDcky!

Here is my situation -

Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

Question -

Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

Any "Creative" thoughts on how to approach USCIS moving forward.

Thanks in advance for your replies.

Aamchimumbai



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Saralayar07-31 05:53 PMHi All,

We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.

Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?

I heard that mexico has different rules?

Thanks for your help.
You can not enter back into US if ther visa gets rejected. You have to go to your country from Canada itself. Mexico also has the same rules and not different. Consult your attorney too.

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number3003-31 04:20 PMThanks for the reply.

How to dispute against this fake criminal record in background check.

Go check the history your self. Ask the conulting company to provide the copy. Check this web site.

http://www.isp.state.id.us/identification/PublicAccessToCriminalHistoryRecordInformation_000 .html



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prout0211-20 10:49 AMSeems like a good idea to me...even if it favors people with Attorneys....it atleast gives you an avenue to present your case to some Computer which then assigns the case to a human. Wow...what progress, TSC!!! Why can't your computer pick it up in the first place? What kind of system you have that can't prioritize work based on FIFO? Now we see a way out of this hell-hole. Hope NSC does the same too!!

An afterthought: Could we write to Ombudsman for NSC adapting similar email routine?

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same_old_guy08-16 03:11 PM1) The company has to send a letter to USCIS to withdraw the I-129.
2) It can withdraw at any time before or after approval. In fact it wont matter to you if you never work for the company.
3) If USCIS rejects it, as in not selected in lottery, you will get back USCIS fee. If you withdraw it there is no refund. In any case, you dont get back lawyer's fee.
4) Withdraw can be done anytime.
5) No form. The company has to send a letter in letterhead stating the receipt number, asking to revoke the application.
6) I dont think USCIS sends any confirmation if H1 is revoked by employer. In any case of H1, you dont have to worry so much. It's all responsibility of the company. It's perfectly valid to have more than 1 H1 at any time.



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jotv11-19 08:27 PMhello,
i took only one dd totally 4322 (4000+322) for h1b first time stamping.in thehdfc bank some other people also did the same thing.

if its wrong means how come hdfc people will give dd as a single one.

please tell me is it ok because i already took the appointment also. is there anybody please suggest me. before going to interview is there any dds i have to take ? your suggestion is really helpful for me.

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NolaIndian3208-31 01:54 PMAt the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:

http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744

Thanks for re-posting this. I obviously missed all your previous posts on this topic. It gives me some hope for approval next month; I haven't received a 2nd FP request since 9/28/07. (I have an LUD, I have an LUD yay!)


-Nola



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newlife209-19 10:46 PMGuys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

If I do mention it:

Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.

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perm2gc07-02 11:21 PMThanks for your replies.

My original H1 expired last week. And I do have EAD. But need to bring my spouse in few months on H4. So can i use my EAD while H1 MTR is filed. And then go back on H1.

You cannot use EAD to bring your wife,you need an approved H1.



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gc_peshwa10-11 02:13 AMThanx Rajeev!
Pappu
Does IV have a stand on this one?

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Blog Feeds08-06 08:10 AMH1B Visa Lawyer Blog Has Just Posted the Following:
Question #1 � Temporary Work Visa � H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?

Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.


Question #2 � Employment Based Immigration � Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?

Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.


Question #3 � Temporary Work Visa � H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back. Please advise.

Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month�s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.


Question #4 � Employment Based Immigration � Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?

Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card (http://www.uscis.gov/files/form/i-90.pdf). If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the �U.S. Department of Homeland Security�) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.


Question #5 � Employment Based Immigration � Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.

Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.


Question #6 - Employment Based Immigration � Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?

Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.

You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.


Question #7 � Temporary Work Visa � H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?

Answer #7
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.


Question #8 � Family Based Immigration: Marriage � K1 Fianc� Visa
My son is U.S. Citizen and would like to marry his Pakistani fianc�. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fianc�? How long is it taking?

Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fianc� by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fianc� entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fianc� visa. Your son should first file a Petition for Alien Fianc� (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fianc�.


Question #9 � Temporary Work Visa � H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?

Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

You may wish to check out the following link (http://www.dol.gov/dol/topic/wages/backpay.htm) regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.


Question #10 � Temporary Work Visa � H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?

Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website (http://www.mvplg.com/_webapp_2694261/H-1B_Nonimmigrant_Visa).


MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

Our next �Immigration Q & A Forum� is scheduled for Friday, August 20, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.





More... (http://www.h1bvisalawyerblog.com/2010/08/mvp_law_group_qa_forum_august_1.html)



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ajju02-25 12:04 AMwhat am I missing here? other than the hassle of getting paper copies filled out/ printed and the advantage of getting a refund a few weeks earlier, what is the advantage of e-filing?

at the end its matter of choice... but having choice is always good :-)

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saravanaraj.sathya07-26 10:52 AMI thot this amendment already was voted down..is it true or not?



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sugaur05-05 11:45 PMTransaction ID: 15509419M155420

You sent a payment of $100.00 USD to Immigration Voice (donations@immigrationvoice.org)

It may take a few moments for this transaction to appear in your account.

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hiralal05-10 09:29 PMsince I have lot of reds ..I will post less frequently ...but my view is that we need several campaigns and mass participation !!
so in addition to lobbying efforts ..we probably need letter or flower campaign ..for letter, we need to send it to media or congress too ..
I had another less expensive and local idea ..but it need mass participation ...it is as simple as meeting your local realtors ..show interest in buying a house, show deep interest (even if you are a home owner) and then back out at the last moment ..saying that you were expecting GC this summer but it has been delayed due to visa wastage ..and hence you are backing out
who knows the NAR and Yun may start talking about faster GC's !!!
(remember simplicity works ..thats how Newton discovered the laws of physics !!)



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singhsa308-19 10:59 AMAgreed and those kind of things should be shunned. There should strict self regulation regarding solicitations
I can see +ve in your thread, but some of us take advantages, for example amway is the best, and there are more.



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feedfront09-14 02:06 PMGr8 idea. I'm in..



signin24107-24 09:15 PMThanks for the responses.

I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.



bsbawa1011-04 09:28 AM(Punjabi) Holi gairan nal khadee too batheree , sadee vari rang mukiya

Translation:
You played Holi with everybody else, but when my turn came , you ran out of color.