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indio061701-30 12:15 PMIf I have an approved labor and switch attorneys, is it mandatory for current attorney to hand over the approved labor and all relevant documents to the new attorney or can he choose NOT to give it ?

Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .

Thanks.



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ujayra0107-18 07:18 PMBump...Any one please. Thanks.

Hello Gurus,

My wife is on H4 since 2004 and we filed H1 (Jan. 2007) and her H1 status is pending at this moment. I am about to file 485 (July 2007 current bulletin) very soon.

I have mentioned that she is on H4 in the I485 related docs. I thought her H4 becomes invalid ONLY after H1 is APPROVED. Is this correct? Please let me know.

Thanks for your help.



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sachya08-13 08:31 PMI am posting this on behalf of my cousin who is stuck in India pending stamping. He went to Mumbai consulate for H1 B stamping on Apr 29th. He was asked for further evidence about his employer and his employer's payroll details for all employees etc. After much confusion created by the consulate, the details were provided by his employer and by him (sealed copies) as well. He has visited the consulate 3 times and VFS office couple of times and was told your passport will be returned in couple of days but till date he has not received it.
He also has his AOS application pending with USCIS with his wife as the primary applicant. He has a valid EAD card and AP (which needs renewal). It's been a really long time he had to spend away from his family. He has certain questions he would like to get clarified,

1. How long can it take for 221g pending case to clear? I have submitted my passport to consulate on 10th Jun.
2. Can I write consulate a hand written mail (not an email) asking for passport saying that I want to travel on travel doc as I'm away from my wife for 8,9 months.
3. Can I ask consulate to return my passport without H1 stamping for renewal of Travel Document (AP)?
4. Can I travel on my travel doc (AP) after asking my passport back without any problem at the port of entry?
5. After asking for my passport back will it affect the renewal of my travel document (AP)?

Thanks a lot!



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sanjose1602-23 03:27 PMCurrently my wife is on H4

I'm planning to file H1 for my wife (through another employer on April 1st, 2009). Regardless of the situation (H1B Cap lottery process or general process) if my wife's H1B petition is accepted, processed and approved (generally betwen April 15th 2009 and May 31st 2009), she will get work permit (with start date of Oct 1st, 2009) by May or mid June, 2009.

My company is also planning to file for my H1 Extension (along with H4 Extension) in April (cannot be filed it seems due to other cases) So, in this scenario if my H1 extension (along with my wife's H4 extension) is filed after April 1st 2009, then we will have an overlap situation (as USCIS will be receiving two petitions (one for H1 and one for H4) for my wife) in the same timeframe. How will USCIS deal with these scenarios?

As long as her H4 is approved before her H1 (if she gets through lottery and approval process), there won't be a problem (as H1 will be replacing her H4 to my understanding).

But if her H4 is approved after her H1B approval, then there is a risk that her H1B will be cancelled because of H4 approval.

Please let me know solution to this problem. Thanks in Advance

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kaisersose08-22 06:02 PMI am in a very Bad situation it seems, please help.

I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.

In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.

I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)

Please help

Check your H-1b approval notice. If it is a visa to be issue abroad petition,then you have nothing to worry about.

if it is a change of status approval with an I-94, then you need to get out of the US on or before the day the change of status becomes effective and then return back to the US on or after the day the change becomes effective with your current L visa.



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kirupa01-18 05:09 AMAre you using Silverlight or ASP.net? In Silverlight, here is how you can get a custom character to display:


myButton.Content = "hello world: \u00FC";

I used the Windows Character Map application to get the unicode identifier for the �.

Cheers!
Kirupa :luigi:

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H1InTrouble09-18 03:59 PMHi,

I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

Regards
H1BInTrouble



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girijas06-20 11:13 AMModerator,
You can delete this thread. Thank You.

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go_guy12308-19 12:58 PMthe question is about the type of visa needed to enter canada. I have pending I-485 in US but need visa to go to Canada. I have tourist visa for Canada but was wandering if I need to apply for a diferent visa to visit a client of my company for a few days. The reason of my visit is obviously not tourism...

Does the question make sense?

I think Canada has one single visa for both tourism and business. Post in the Canada Immigration/Visa forum in britishexpats which you will
find knowledgable people about Canada immigration as this forum is mainly about US immigration.
However below is the official link.

Application For a Temporary Resident Visa to Visit Canada (http://www.cic.gc.ca/english/information/applications/visa.asp)

In the purpose you say: business



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prom210-02 08:59 PMIf you have a copy of filled-up I-131, look at question 5 in part 3 in the 2nd page. That will tell you where the AP document will be sent.

Admins:

Please close this thread also.

That question 5 should not responded if you are applying for AP.
Read the note below question 3.

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AllIzzWell03-19 10:09 AMbb08/jvs,

thank you for your inputs.

I filled the DS160 and took an appointment at US consulate yesterday night with out the photograph. Looks like we can submit the photograph along with the confirmation letter on the day of interview.

I thought we needed to upload the photograph for completing DS160 but that does not seem to be the case. Did any of you experience this?

Thanks



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godspeed02-12 01:52 PMLooking at your profile, i am surprised u still havent received the plastic card.

If your card gets approved while you are out of the country i.e. US, and you dont have AP i had read earlier that it is considered as an abandonment. The sole purpose of AP is to provide you to get in and out of US while on AOS period.
Did u check with your company Attorney?

Hi,

Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?

Please let me know if someone else has been in this situation.

Thanks!

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pappu01-01 06:31 PMIV has been featured in India Post newspaper.
http://immigrationvoice.org/forum/showthread.php?p=40338#post40338
Could someone send me the scanned copy of the article? I would post it on the site for everyone to see and also record it for our purposes.
himanshu at immigrationvoice.org

thanks



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awi_ok02-19 09:10 AMDear experts,

Please comment and/or suggest.

Thanks,

T.

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gcdedo01-23 06:49 AMOff Lately in this forum and thru my freinds I am hearing premiums are also getting delayed..

Even in My case Fedex has reached uscis on Jan 17 , for me and my family but checks have not yet got cleared..

my lawyer says , nowadays the delay is because vermont cases are getting transferred to Calisfornia center for H1 Extension ..

Not sure what is the truth...Just waiting for Premium H1 extension to get cleared soon...

--GCDEDO



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Munshi7506-05 06:23 PMOpen a thread for yourself!!!

Hi Guys,

In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.

What number should we write? I-485 receipt number or receipt number for last EAD?

Can someone please respond?

Thanks

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Blog Feeds03-31 12:40 PMAILA Leadership Has Just Posted the Following:



Just when you thought it couldn't get much worse.

Now we are told that ICE agents grab mentally ill immigrants right from mental hospitals, ship them off to a Texas detention center without word to family or counsel, and deport them. Could ICE's behavior be any more horrific?

The latest ICE outrage against immigrants has been released in a study conducted by Texas Appleseed, a public interest law center, and Akin Gump, a corporate law firm, and documents ICE's mistreatment of mentally ill immigrants at every stage of the deportation process. http://nyti.ms/atZYsB.

The report is just the latest in a stream of countless stories of neglect, abuse, and deaths of detainees in ICE detention. Some tales fit neatly into the annals of the world's most oppressive regimes, including the plight of Boubacar Bah, who, after mysteriously suffering a skull fracture, was handcuffed by ICE officials while writhing in agony in his own vomit on the floor of a New Jersey detention center, then locked-up in an isolation cell for 13 hours without medical treatment and, finally, transported to a hospital in a coma where he later died, (See Secret Horror Stories: ICE Officials Hid The Truth About Immigrant Deaths In Detention http://bit.ly/4tdHDt).

Several months ago homeland security secretary Janet Napolitano and ICE assistant secretary John Morton announced a review of the ICE detention operations with the stated goal of creating a "truly civil" detention system. But in light of the continuing reports of deaths, abuse, neglect, cover-ups, and other corruption, it is beyond dispute that the ICE detention system is a national disgrace. DHS should not tolerate even a single case of abuse or neglect of a person in ICE detention. The poor treatment of the mentally ill should also be viewed in light of the recent March 27 Washington Post article revealing dissension at top levels of ICE management. Napolitano and Morton are now suffering from a credibility gap. They must demonstrate clear and forceful leadership if they want to succeed in implementing the priorities and reforms they announced months ago on enforcement. All Americans are entitled to be secure in the knowledge that individuals detained by ICE will be treated humanely, and in accordance with applicable detention standards.
https://blogger.googleusercontent.com/tracker/186823568153827945-8890484200926259884?l=ailaleadership.blogspot.com


More... (http://ailaleadership.blogspot.com/2010/03/immigration-detention-gone-rogue_31.html)



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wandmaker11-27 05:08 PMskarthy: Upgrade your H1 transfer to premium processing, get the transfer approved. Re-enter the country by showing your wife's old H1 stamping, get a new I-94 based on new approved H1 petition at POE. This is a easy route; If I were you, I will do this.



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indianabacklog09-26 04:02 PMDoes anybody know what the fees are for filing EAD (yearly) extensions if you filed for EAD, 485 before August 17.

Thanks,

$340.

It is listed on the USCIS website beside the link for the I765 form.



hibworker05-16 01:24 PMDo i have to leave the country? isnt there another option?

As mentioned earlier, you will be out of status so leaving the country for 15 days is the best option.

You can also apply for extension of H4 from 15 Sep. The problem with that will be of timing. If your H4 gets approved after H1 then you will be in H4 status from Sep 15. In that case you will have to again apply for change of status to H1.



alterego11-14 08:49 AMIf your 485 is denied, all derivative benefits like EAD/AP are also lost. You therefore can't use EAD for another job even if 6 months have elapsed.