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  • desi3933
    02-23 03:23 PM
    If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.


    This is grey area and the interpretation can change any time. Please note that entering on AP is not same as entering with visa stamp.


    _________________
    Not a legal advice





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  • mandyharper
    November 9th, 2004, 11:20 AM
    Thanks for that, it makes perfect sense - I was leaning towards new anyway as there were no deals to be had.
    Thanks

    Nebraska Ap ( I-131) [Archive] - Immigration Voice

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  • harivenkat
    05-17 02:36 PM
    CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.

    The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.

    Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.

    The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.

    "The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."

    Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.

    Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.

    Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.

    Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.

    A judge later agreed to suspend her deportation order and reopen her asylum case.

    Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.

    In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.

    Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.





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  • samuel5028
    02-21 01:30 AM
    You will be coming under EB3 skilled or professional worker.



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  • pappu
    04-12 01:16 PM
    Please add Immigrationvoice links on other related topics in it. I tried doing that some time back but then saw them removed.

    Any wikipedia experts here?





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  • rsharma
    10-11 09:08 PM
    I am in H1B and more than five years. My employer is a mid size
    private Indian company. They start bringing more and more L1B
    people and post them in client location. Their LCA is for 55K and they
    are paid only 30K even though the billing is in three digit. All the
    accomodation, per diem are paid by the client. We are into one of
    the XXX product and there is no custom product from our company.

    Whats the best way to deal with this guys. Whom should send I the
    complaint about this. What they are doing is a complete violation
    of law.

    So please guide and share you experience.

    P.S. If you dont have any information, please stay away. Do not
    start the H1 vs L1, Anti-immis troll alert. Thanks for your
    understanding. This has nothing to do with the L1 employees.

    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.



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  • SGP
    12-09 02:25 PM
    I don't know who is worse the democrats or the republicans ...

    I am sorry to say but, they are all the same. Choose which do you want to go with "Devil" OR "Deep Sea". Marna to tumhe hai hi :(





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  • Seek_Gc
    09-09 07:47 PM
    if we are already using EAD from EB3 - 485 , are we still allowed to apply for another labor with EB2 ? and port the dates from EB3 while applying for EB2 - 140



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  • pappu
    01-09 12:19 PM
    From another thread: IV wants to hear from EB1, EB2ROW and people who are current or are outside processing time members.

    Come on fellas, I need your input.


    The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push with the new administration and we can work on it.

    Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.

    Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?

    Let us know your thoughts.





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  • Positive
    04-30 09:10 AM
    For any reasonable immigration reform to pass, politicians need an urgency to act. That urgency comes only from an imminent threat to their sitting offices - beyond party lines.

    People who are stuck in the immigration process should do a better job in uniting and in working with registered voters so that the issue of immigration reform is a concern for any incumbent elected official.

    No one approach is perfect but undocumented workers do a better job in connecting with their community and letting their voices heard than so called "skilled immigrant" community. Our silence makes CIR amnesty and will be dead on arrival.



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  • Sri_
    11-09 06:48 PM
    My check was cashed on 08/31. Based on the receipt numbers on the back of the check, online status shows that receipts were mailed on 08/31, but I haven't received till date. On 10/01, I called customer service and made them create service request. No progress so far. I am planning to call sometime next week and find the status of the service request.

    Is anyone in the similar situation of not receiving the receipts even after check has cashed way back.

    Thanks





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  • chakjobs
    12-23 11:27 PM
    Hi Nair/Perm,

    I am not a returning US resident.

    One of the companies sponsored my H1B and I am trying to get the visa stamped in India.

    I got the wage report from the company but not the "Unemployment" wage report, so I am confused.

    Any help about the document would be greatly appreciated.

    Thanks a lot for all your help.

    Have a nice time!

    Thanks & Regards,
    Chak



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  • goel_ar
    01-10 02:08 PM
    As per lawyer, there is a way of doing this using some 'temporary' # by payroll company.
    In my wife's case, her company didn't attempt to approach payroll company. She was paid after she received the SSN.
    Side question, very much related to OP's question.

    How to run the payroll while you still waiting for SSN?

    My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?

    I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.

    I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?

    Thanks





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  • gcnirvana
    06-22 12:12 PM
    If you have MS Office Document Image Writer installed in your system then after editing ur PDF, you can print it to MDI and it will save it as an .mdi format. You can take a print out of it later at your convenience. Only issue is, it saves it as an image and you cannot edit an .mdi doc :o

    Dude. Filling up forms is not a one time job and not 100% accurate the first time. U will make changes right???



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  • EndlessWait
    01-22 04:59 PM
    Have you used AC21?

    What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?

    Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?

    if your application is fine, there is no reason for you to worry. sometimes mistakes can happen..but i dont think you need to worry too much..its like having a heart attack while going to the movie..u can't plan for everything..

    :-)





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  • RAJASEKERAN
    11-16 10:33 PM
    Hi Uma,

    My Green card is filed under EB2 category.

    Thanks & Regards,
    Raj..



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  • knnmbd
    05-25 08:26 AM
    I presume this is independent of the Advance degree provision in Sec 508 of the bill. India/China would not qualify for the diversity visa program any way. Correct me if I am wrong.





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  • amsgc
    12-18 02:22 AM
    See response below:

    Hello all:

    I have few questions related to my travel plans to India. We will be leaving in January 2009.

    We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
    My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.

    1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.

    - You don't need a transit visa for Schipol.

    2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.

    - You don't need any other document; you can carry the I-485 receipt notice.

    3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?

    - visa forms + appointment letter
    - Original I-797
    - Employment letter
    - Original marksheets/degrees as a basis for your H-1B app
    - copy of your H-1B petition + LCA
    - Pay stubs

    I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!

    RPH





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  • paragpujara
    04-09 02:32 PM
    looks like something is cooking at the backside of the door

    http://news.monstersandcritics.com/usa/news/article_1289067.php/Bush_relaunches_push_for_immigration_reform

    http://www.chron.com/disp/story.mpl/ap/tx/4699140.html

    http://www.abcnews.go.com/Politics/wireStory?id=3023023&page=1

    Bush is hopeful for a legislative compromise by August.

    Let's hope for the best.:p





    hibworker
    06-05 04:06 PM
    You can travel with valid visa and receipt notice of pending petition. If you receive approval while in India your company can send it to you and both you and your wife can get new H1 and H4 stamp

    Your company can reply to RFE without you being present in US





    kaisersose
    07-08 10:37 PM
    Here is my general suggestion. We have a lot of examples to learn from.

    A desi consulting company will pay lesser, may not offer challenging work, and may have some weird restrictions in place. On the plus side, they are relatively more stable than American consulting companies when it comes to green card processing as the liklihood of layoffs are lesser.

    People on H-1b should not be out to switch employers for a little extra money. Instead, they should look at the big picture and ask themselves what they want. If the GC is in mind, then plan for it now...not when your 6th year is just closing. If there is no interest in the GC, then you can chase money and join the one who pays more money. However, in many such cases, H-1s have eventually changed their minds and pursued GCs, but valuable time is lost as a consequence of not knowing what they really want.



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