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  • abhi_jais
    12-03 11:35 PM
    I don't think consulate ask details of all employees if size is 5k or more. Further more you can tell officer that it is impossible to get wage details of all employee. I hear some time some desi companies gives w2 of all employees etc.. would consular officer show his/her w2 ? but since our desi companies feeding what they need , they ask what ever...

    In this case they did ask for the details of all the employees of the company, probably they want to make sure that the employer has hired some US citizens as well. The company size is about 500-1000 employees. Since they have asked for the employee detail the employer has to provide that information otherwise the employee would not be able to get the visa stamped.

    Let's see hoping for the best.





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  • raysaikat
    12-19 08:16 PM
    Thank you for replying.

    I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?

    You are probably reading the notation wrong - it is probably "and/or status".

    In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.

    The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.

    So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).

    If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.

    In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.

    To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.

    So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).

    You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).

    Your case is complex enough that you must seek advice from an immigration attorney before making any decision.





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  • joydiptac
    02-08 05:23 PM
    So which is better, LOA or termination of job? Hard choice..
    LOA till you get a job. LOA will maintain your H1b or EAD status with the same company.
    BTW, H1b to EAD is seamless, you needn't go out of the country to use EAD instead. On EAD you can work in a similar job. Talk to your attorney.





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  • amsgc
    08-22 10:05 PM
    You had some numbers there, are they not good anymore?

    Msg deleted



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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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  • spouse485
    01-10 05:18 PM
    Thanks so much for all the replies.
    I'm going to follow the links provided.

    Should your bank statements reflect specific minimun balance ?

    Thank you.

    does anyone have an answer



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  • sac-r-ten
    01-11 08:57 PM
    If issue arises with I485 while i EAD, that would a big headache of replying RFE or opening MTR etc in timely fashion. EAD/AP stand cancelled if 485 is denied.





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  • ragz4u
    02-18 12:57 PM
    I suspect there may be a backdoor to it

    I don't think so....let me explain what happened when I moved from one state to another.

    When I was in the state of Washington, they did not ask me for any document like H1 etc. This was 3 years ago. When I moved to PA (mid 2005)though, the DMV asked me for my H1 doc. The date of expiry was alright, but they had other problems.

    Since I work for a consultancy firm based in NYC (and the client was in PA), they were not ready to even give me a license (since my employer was based in NY). I literally had to fight with the DMV manager to get my license. And yeah, he asked my employer to provide me a letter that said that I would be based in PA for next 3 years and what my income is (god knows what that has to do with my license)

    I was fortunate that my consultancy firm was considerate and finally gave that letter to me even though the contract was initally only for 3 months. If they would not have given such a letter I would not have got a PA license and might have to go to NY to get a license from there!

    But the DMV manager did explain to me that this was part of new regulations being implemented since last couple of years.

    I have been through this and had to go to the DMV three times before I finally got my license.

    And I endured all this while my H1 is still valid for a few years. Imagine the above if my H1 was valid for less than 1 year?

    Why are we going through such a painful experience in spite of being 100% legal????



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  • mihird
    10-16 01:52 PM
    EB5 investor Visa is already in place.
    The numbers are a little different ($500,000 to $1M) but you can buy yourself a GC pretty quickly.

    If I am not wrong.....I had checked on the EB5 retrogression some time back..





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  • msyedy
    02-05 02:29 PM
    Is the 45 day approved labor validity Rule already in place?

    Jonty ask a lawyer.... that is the best solution because no one here will be filling your application for I-140.



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  • coolgc
    05-08 05:13 PM
    Thank you, indyanguy, morchu and Mr. Reddy for your insights. Since, I am working with the same employer, I think they will not revoke the old I-140. I am not sure if I have to do medical examination again if I decide to send a new I-485?. Can I ask the doctor to re-send the I-693 form?

    Thank you again!





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  • senthil1
    09-08 09:25 PM
    Which labor day 2009? 2010 or 2014?

    Any News on Schumer's Labor Day announcements?



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  • rjgleason
    October 26th, 2004, 05:30 AM
    No.3 and 4 are my favorites.....but No. 4 is the one I wud choose as best. I like the touch of green and the sky is superb. Horizon Line is straight on. The pic is sharp all around, but what really catches me when I first viewed the picture is the "bolt" in the fence.





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  • dan19
    02-20 02:48 PM
    japs19...

    Thanks for your comments. It is good to hear from someone who have done it successfully.

    Did you get your PD ported?

    Also ivuser, thanks for the useful info.



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  • Humhongekamyab
    07-22 10:19 AM
    I agree with Pappu. I am with you.





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  • sandeepk_c
    05-27 03:23 PM
    Hello,

    Please let me know how we are planning to send the case numbers and who is collecting the case numbers?

    Rgds
    Sandy



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  • logiclife
    12-16 04:46 PM
    Department of State, Bureau of Immigration statistics will have that information publicly available to all who want it.

    You dont need FOIA to do that.





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  • Dhundhun
    10-26 03:31 AM
    California allows drivers to take test in 31 languages other than English (Driver License and Identification (ID) Card Information (http://www.dmv.ca.gov/dl/dl_info.htm))

    A cop should not be giving someone ticket for not knowing English.

    Non-english applicants has to answer additional test for sign board reading. As far as I know, 12 more in CA in addition to 36 standard to make sure that even if someone does not know English (s)he understands what is written. A non-English driver is supposed to understands all the signs (over sixty) including "No right turn on red" (Sign as well as the words):
    - Traffic Signs
    - Red/White regulatory signs
    - White regulatory signs
    - Highway Construction and Maintenance Signs (Orange)
    - Guide signs (Green/Blue)
    - Hazardous Signs (Red, Yellow)
    - Warning Signs

    By taking Sign test (12 questions) CA tries to make sure that other language drivers understand Sign. This has independant pass marks, does not get combined with main (36 questions).





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  • anilsal
    12-01 01:42 AM
    Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn’t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it’s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.

    The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse’s career.

    This can be very important when your spouse cannot work now. Irrespective of this, EAD renewals have to be thought about every 8-9 months or so (remember someone saying you need to apply 3 months in advance).

    Maybe you will have to take up a side job to pay for your frequent EAD renewals.:cool:





    SGP
    11-04 02:38 PM
    anyone having inputs to the query below:

    Adding to the scenario above, what if the old company (which got I-140 approval) agrees to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application

    In this scenario, you can apply for H1 extension with Company B using approved I140 of company A.





    gapala
    02-04 04:56 PM
    This sounds like volunteering opportunity to me. May be other senior members on the forum will also throw some light on this scenario.
    As far as I know, you can volunteer in any area as long as you do not get paid for those services.



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