Thursday, June 9, 2011

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  • snram4
    01-23 12:37 AM
    If you are out of status you may have to go India to get Visa. Canada and Mexico may not give Visa You were out of status for couple of months. So it should not be an issue in getting Visa
    [
    QUOTE=pradeepd;1400834]Hi,

    I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)

    I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns

    1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
    2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
    3) Or is it advisable to go to india and get it stamped

    My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.

    I need your urgent help and all of your comments and suggestions are greatly appreciated.

    Thanks,
    Sudha[/QUOTE]




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  • ghost
    07-24 04:20 PM
    What can we ask for-
    1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
    2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
    3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?


    LC - Verification is related to the sponsored job
    140 - Verification is related to the sponsoring company
    485 - Verification is related to the sponsored individual

    Portability, by definition, applies to individual and not company. Why would your company want you to have portability?




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  • Raj_345
    07-09 03:44 PM
    Hello,

    I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?

    I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again. though i can work until the petition is pending.

    I'd really appreciate any advise...

    Thanks
    Raj




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  • phillyag
    01-23 12:38 PM
    We should see how PERM came into being. Who helped PERM become a reality.
    If we can leran from the past and use that to puch for the future improvements in immigration policies for both for the country as well the immigrants



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  • pcs
    06-26 08:26 PM
    please PM me your tel no and I will call. We at Detroit are having a good get together and I can easily push it with the guys here but need to know what you want to do ? Maybe you can even call me on the phone when we are meeting




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  • smartboy75
    11-05 01:35 PM
    hey gcseeked2002...

    There are many who have received their EAD and have their FP done, but are awaiting AP...You are in the other boat ..where in your have AP waiting for EAD....I would recommed not stressing out...eventually you will receieve it.....With the July-Aug visa fiasco, USCIS is under tremendous pressure to issue out EAD within the 90 days to everyone...Allow them so room for error.....your EAD will eventually come....hang in there...just like everybody else you is waiting for AP....



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  • GCAmigo
    12-21 12:36 PM
    >>>How about setting up your own consulting company?

    Nothing prevents you from doing it while on H1!




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  • gc28262
    07-28 01:48 PM
    Judge blocks parts of Arizona immigration law - Yahoo! News (http://news.yahoo.com/s/ap/us_arizona_immigration;_ylt=AgcIIY.ht_GJNzOqM3G8sH 6s0NUE;_ylu=X3oDMTNta2N1b3FnBGFzc2V0A2FwLzIwMTAwNz I4L3VzX2FyaXpvbmFfaW1taWdyYXRpb24EY2NvZGUDbW9zdHBv cHVsYXIEY3BvcwMyBHBvcwM3BHB0A2hvbWVfY29rZQRzZWMDeW 5fdG9wX3N0b3J5BHNsawNqdWRnZWJsb2Nrc3A-)

    PHOENIX – A federal judge dealt a serious rebuke to Arizona's immigration law on Wednesday when she put most of the crackdown on hold just hours before it was to take effect.

    The ruling by U.S. District Judge Susan Bolton sets up a lengthy legal battle as Arizona fights to enact the nation's toughest-in-the-nation law. Republican Gov. Jan Brewer said the state likely appeal the ruling and seek to get the judge's order overturned.

    But for now, opponents of the law have prevailed: The provisions that angered opponents will not take effect, including sections that required officers to check a person's immigration status while enforcing other laws.
    The judge also delayed parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places — a move aimed at day laborers. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants.

    "Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked," Bolton, a Clinton appointee, said in her decision.

    She said the controversial sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them procedural and slight revisions to existing Arizona immigration statute, will go into effect at 12:01 a.m. Thursday.
    The law was signed by Brewer in April and immediately revived the national debate on immigration, making it a hot-button issue in the midterm elections. The law has inspired similar law elsewhere, prompted a boycott against the state and led an unknown number of illegal immigrants to leave the state.

    Lawyers for the state contend the law was a constitutionally sound attempt by Arizona to assist federal immigration agents and lessen border woes such as the heavy costs for educating, jailing and providing health care for illegal immigrants. Arizona is the busiest gateway into the country for illegal immigrants, and the border is awash in drugs and smugglers that the state badly wants to stop.

    "It's a temporary bump in the road, we will move forward, and I'm sure that after consultation with our counsel we will appeal," Brewer told the Associated Press. "The bottom line is we've known all along that it is The responsibility of the feds and they haven't done their job so we were going to help them do that."
    The ruling came just as police were making last-minute preparations to begin enforcement of the law and protesters were planning large demonstrations against the measure. At least one group planned to block access to federal offices, daring officers to ask them about their immigration status.

    In a sign of the international interest in the law, about 100 protesters in Mexico City who had gathered in front of the U.S. Embassy broke into cheers when speakers told them about the federal judge's ruling. The demonstrators had been monitoring the news on a laptop computer on the stage.

    The crowed clapped and started chanting, "Migrants, hang on, the people are rising up!"
    Gisela and Eduardo Diaz went to the Mexican consulate in Phoenix on Wednesday seeking advice because they were worried about what would happen to their 3-year-old granddaughter if they were pulled over by police and taken to a detention center.
    "I knew the judge would say that part of the law was just not right," said Diaz, a 50-year-old from Mexico City who came to Arizona on a since-expired tourist visa in 1989. "It's the part we were worried about. This is a big relief for us."
    Opponents argued the law would lead to racial profiling, conflict with federal immigration law and distract local police from fighting more serious crimes. The U.S. Justice Department, civil rights groups and a Phoenix police officer had asked the judge for an injunction to prevent the law from being enforced.
    "There is a substantial likelihood that officers will wrongfully arrest legal resident aliens under the new (law)," Bolton ruled. She added that a requirement of the law that police determine the immigration status of all arrested people will prompt legal immigrants to be "swept up by this requirement."
    Federal authorities who are trying to overturn the law have argued that letting the Arizona law stand would create a patchwork of immigration laws nationwide that would needlessly complicate the foreign relations of the United States. Federal lawyers said the law is disrupting U.S. relations with Mexico and other countries and would burden the agency that responds to immigration-status inquiries.

    Bolton noted that the expected increase in immigration checks from Arizona will divert federal resources away from other priorities and said the federal government has shown that it's likely to succeed on its claim that such mandatory checks under the Arizona law would be trumped by federal law.

    Responding to the ruling, Justice Department spokeswoman Hannah August said that the agency understands the frustration of Arizona residents with the immigration system. She added that a wide range of state and local policies would seriously disrupt federal immigration enforcement.
    Brewer's lawyers said Arizona shouldn't have to suffer from America's broken immigration system when it has 15,000 police officers who can arrest illegal immigrants.

    Brewer is running for another term in November and has seen her political fortunes rise because of the law's popularity among conservatives. It's not yet clear how the ruling will affect her campaign, but her opponent was quick to pounce.
    "Jan Brewer played politics with immigration, and she lost," Arizona Attorney General Terry Goddard, a Democrat. "It is time to look beyond election year grandstanding and begin to repair the damage to Arizona's image and economy."
    Republican Rep. John Kavanagh, one of the law's top supporters, said he was disappointed by the ruling and that he expects it to ultimately end up being decided by the U.S. Supreme Court.
    "I don't think the judge's statements in the hearings justify this ruling," Kavanagh said. "I don't think the law justified her injunction."



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  • JazzByTheBay
    05-30 02:08 AM
    While doing some ad-hoc research after watching Valkyrie, I discovered this interesting bit of U.S. immigration history and couldn't help but be amazed how nobody seems to know or talk about United States v. Bhagat Singh Thind (http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind).

    The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).

    Food for thought...

    jazz




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  • PlainSpeak
    02-23 09:16 AM
    Wow i bought a new toyota in Oct last year and no one asked me my immigration status. Of course i already had a loan with toyota financials for my older car so i guess that worked out to my benefit.
    So i guess if some one gets deniend in one place it is not a dead end. They have other banks and credit unions as options and the best option would be a dealer provided finance as they want to sell you the car



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  • chanduv23
    09-14 06:53 AM
    LETS ALL STAND UP AND CHEER THE MOMENT - THE RALLY AND SURROUNDING EVENTS HAS OFFICIALLY BEGUN.

    FEW HOURS BACK OUR PROUD, SINCERE, HONEST AND DEDICATED MEMBERS VIJAY(SEAHAWKS) AND VANDANA(VANDANAVERDIA) STARTED THEIR LONG JOURNEY FROM THE SEATTLE TACOMA AIRPORT AND WILL BE FLYING INTO WASHINGTON DC LATER TODAY - THIS MARKS THE OFFICIAL START OF THIS HISTORIC EVENT.

    IV SALUTES ITS DEDICATED MEMBERS WHO ARE WORKING DAY AND NIGHT AND MAKING THIS EVENT A BIG SUCCESS

    A HUGE TURNOUT IS EXPECTED AND THIS WILL BE AN EVENT, IF MISSED, YOU WILL DEFINITELY REPENT.




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  • kiran_k02
    05-12 09:24 PM
    Does frankfurt require transit visa if some one is traveling to India if:

    A) While going to india and have H1/H4 valid until 2011, but stamping expired.

    B) while coming back to USA if I am planning on coming on Advance Parole ?

    How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.

    <edit> This is what I found on the germany.info site

    "Indian, Turkish, Nigerian and Ghanaian airport transit travelers who

    - are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit

    or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"

    </edit>

    I travelled through FrankFurt to India( enroute to India, I did not have valid visa on my passport) and back with stamped Visa. I had AP but did not use it.

    My advice to you, don't worry about it. You do not need transit visa.

    KK



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  • radhay
    01-08 02:13 PM
    I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.




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  • maverick_joe
    05-06 09:22 AM
    and secondly there is no i-140 premium processing as of now..:(



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  • calboy78
    08-10 01:38 AM
    It needs action - not talk.

    The system created by DoS and USCIS is highly unfavorable for EB3 people.
    DoS is not giving enough visa numbers to EB3 - the category is "U" for now.
    USCIS is very lame in processing 140 of EB3.

    Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3. In fact most EB3 people in queue today are like this...on top of that, DoS/USCIS has lumped lot of different kind of workers in EB3 - who should be in different category (probably EB4). Overall, very unfair situation for EB3 people.

    We all (no matter whether EB1/EB2/EB3) need to support IV to get unused visa numbers recaptured. This will help all EB categories. Without visa recapturing EB3 especially is doomed.




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  • ssdtm
    11-06 02:23 PM
    Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.



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  • sukant71
    02-12 08:15 PM
    Is not weired funny dicriminatvie while 2003/2004 already gor GC while April2001 are waiting for approval.
    You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
    Why April2001 has to wait for 8(eight!) years




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  • vactorboy29
    02-24 10:05 AM
    He is the best player in cricket history. I admire his passion and dedication about cricket.
    Congratulations to all cricket lovers...

    We will remember this record all our life ...




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  • Winner
    10-11 09:12 PM
    Dear Friend I totally agree with you. I was with one of these employers and have moved away from them. As suggested by some members you can report about these fraudulent activities to DOL. I know it is dufficult to leave these employers as they make the employees to sign bonds and try to capture all the money that they have acquired in PF etc back in the native country.

    These employers are to be blamed for the current economy condition of this country and the condition of immigrants like us.

    I know there are some members in this forum who will try to shout you down and make you quite.

    But I feel if one believe in what is right then one should go ahead irrespective of what others think.

    Now that you have left your abusive employer, would you mind disclosing your ex-employer information?




    H1Girl
    04-09 12:59 AM
    Could anyone help please? Mysituation is not unique or complicated..Working on EAD while waiting for GC is most common scenario...




    corleone
    11-14 11:59 AM
    same here



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