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  • camarasa
    07-10 01:24 AM
    This is a classic example of impotent mind. If you fear to send flowers then you do not deserve even permanent residency of the country where you born:eek:
    Take it easy - he was just voicing his opinion.





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  • EB-VoiceImmigration
    09-18 11:56 AM
    @Pinky001:

    To the best of my knowledge, here are the answers to your Q's

    1) No (because you are applying for different class)
    2) H1 and H4 are not in same class.

    Why I said H1 and H4 is not in same class is, when you choose "Purpose of Travel" as "working in USA" then they are showing multiple choices for "Select Visa class". where it lists H1 , H2, h3 etc.. separately. When H1 and H2/ H3 are not in same class then how H4 will be of same class as H1.

    Also refer the link below. where it listed H1 and H4 separately in Visa class table.
    Non-Immigrant Visas - Visa Classes (http://madrid.usembassy.gov/cons/nonimmigvisaclasses.html)





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  • mmpsbarad
    09-27 07:31 PM
    Thank you all for your useful suggestions.
    Mine is a similar case but the only unfortunate thing was that my H1-B is approved and effective from October 1st. My position was terminated in July and now I want to continue my OPT (expires in Jan 2010 if nothing is done). Now another company is ready to give me offer and file H1B.

    1. Is it possible to update the SEVIS record by DSO b4 October 1st so that I can that I can buy some time in the transition. Note: I did not violate my 90 day unemployment period during OPT.

    2. If it is not possible to go back to my OPT, how much time I have after October 1st before I apply for the another H1 from the new company? and when I can start working in this case?

    Thank you.





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  • snathan
    04-12 07:17 PM
    Hi,
    Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:

    "My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."


    And he puts the below figure his company has borne towards expenses for my H1 application:
    1)Education evaluation: $125
    2)Attorney fees: $1000


    My question is:

    1) Is attorney fees really $1000 or it is much less than what he claims it to be?
    2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.

    How can I proceed in this matter? Plz advice.

    Thanks
    raj131982

    Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.

    and see his reaction for that. Record all the conversation and email between you.

    Thanks



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  • ruchigup
    08-15 12:42 PM
    I am sorry to hear that....

    This below ruling doesn't apply in virginia but this might give you some pointers to fight in case your employer sues you.

    http://arstechnica.com/news.ars/post/20080808-california-supreme-court-strikes-down-noncompete-clauses.html





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  • salai007
    07-17 06:09 PM
    Thanks to Rep Lofgren.

    I will be sending a Thank card to her soon.



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  • sledge_hammer
    05-21 04:55 PM
    Thanks kalinga_sena, StuckInTheMuck, and nashim!





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  • sunny1000
    11-12 10:34 PM
    The original poster "getrdone" wrongly pressed panic button. There is no change from 2004 thru till now. I went to mexico several times for stamping. I have seen several people who got stamping for H1-H1 & F1-H1 (Safe), H4-H1 & B1-H1 (Lucky guys)...In anycase, taking Mexican Visa (though absolutely not mandatory) is advised

    The change of status cases (F1 -> H1, H4 -> H1 etc) are not allowed anymore at Mexico. I think it went into effect last month.



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  • Blog Feeds
    10-30 12:30 PM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiLtiUdf7KOG9wCaaWQLOLH5bpa9nyc4K3Va9DOiJUzScamamPfNd1b0OiwgDrWDJnMZ0JOitMH3x3NAwpmQeZ34yuQz5p-tN4ajZJhVx-gOm9dwejYcQ4VrmKuGICPjSvoB-KlEgYoZ_hh/s320/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiLtiUdf7KOG9wCaaWQLOLH5bpa9nyc4K3Va9DOiJUzScamamPfNd1b0OiwgDrWDJnMZ0JOitMH3x3NAwpmQeZ34yuQz5p-tN4ajZJhVx-gOm9dwejYcQ4VrmKuGICPjSvoB-KlEgYoZ_hh/s1600-h/uscisLogo.gif)

    USCIS has issued a Fact Sheet (http://www.uscis.gov/USCIS/New%20Structure/Press%20Releases/2009%20Press%20Releases/Oct%202009/public_charge_fact_sheet.pdf) explaining what renders a person a "public charge" and therefore inadmissible to the US and ineligible to become a permanent resident. This inadmissibility applies to anyone who "at the time of application for admission or adjustment of status, is likely at any time to become a public charge."



    The Fact Sheet explains that "public charge" means

    an individual who is likely to become �primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.....In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills. No single factor - other than the lack of an affidavit of support, if required - will determine whether an individual is a public charge.

    The following are not considered for "public charge" purposes because they are "non-cash benefits or special-purpose cash benefits that are not intended for income maintenance":



    Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care

    Children's Health Insurance Program (CHIP)
    Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
    Housing benefits
    Child care services
    Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
    Emergency disaster relief
    Foster care and adoption assistance
    Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
    Job training programs
    In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
    Non cash benefits under TANF such as subsidized child care or transit subsidies
    Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
    Unemployment compensation is also not considered for public charge purposes.
    https://blogger.googleusercontent.com/tracker/2893395975825897727-8502419783903578432?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2009/10/cis-issues-public-charge-fact-sheet.html)





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  • shana04
    05-15 10:51 PM
    For my Spouse
    2. Evidence that you maintained non immigrant status


    For my spouse,

    We have applied for I 485 after our visit to India.

    1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94

    How and where can I get a copy (I never made a copy of that).

    Note: Spouse passport has stamping but the requirement is copy of I 94

    any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.



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  • Whitemonkey
    07-15 10:45 PM
    This is a hard call. I would probably wait for the EAD before deciding which one to cancel. you might be canceling one that is about to send you your EAD. It is risky.





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  • pom
    10-02 02:30 PM
    Hey, you should put that in the wallpaper section, it's nice (game is advancing by the way :))

    pom :)



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  • divs09
    06-19 12:55 AM
    Hello All,
    I am contacting you regarding an Inquiry of
    " H1B Approved without I-94 and to appeal for I-290B.

    I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.

    Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
    So i don't fall under New H1 Quota, i.e H1CAP
    keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.

    On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.

    On May 21st 2009, i received a letter from USCIS
    saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.

    Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\

    Please advice me what should i do.
    If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.

    Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
    Third Query is should i apply for a new H1 and continue working.

    Please advice me on this issue.
    Hoping to hear from you Soon.
    Thanks a lot for your help,





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  • solaris27
    10-11 03:06 PM
    yes its true



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  • Legal_In_A_Limbo
    04-28 11:43 AM
    The thing is it is kind of strange that they are working on Sundays to reopen cases.
    I hope things work out for good for everyone.





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  • ivar
    04-15 02:42 PM
    Hats off to your patience. you deserve a hug from Obama. just kidding.
    :D

    sac-r-ten and txh1b,

    Thanks, I can see from your profiles your priority dates are 2006. If my first GC effort (Perm in Mar 06) would have worked out i would have been along with you. I still hold approved I-140 (EB2) from my first PERM. I have to wait till i get this new PERM approved and I-140 approved to port priority date. My lawyer says to port priority date to the new I-140, the new I-140 has to be approved i am not sure about this... after i get this new PERM approval, is it possible to port my priority date along with new I-140 application? or should i have to wait for new I-140 approval.



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  • masti_Gai
    11-07 12:45 PM
    Mail this letter to your parents...
    when they are at POE they can hand over this letter to the immigration officer so that he can be sure that your parents won't be a liability in US





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  • rbms
    09-29 12:37 PM
    I don't know how you can generalize like that. Sure that I was also burnt by a Desi company. But that is no excuse to say that All Desi company's are like that. I am sure this topic is very well discussed in some other thread. I am posting this as I am surprised not to see somebody jumping in against such generalizations.

    So make it a promise to yourself that if you ever start a company you will not screw up anybody (desi or otherwise)

    From my experience, Crows are black everywhere. Unless you join non-desi company. it is hard to find desi company who keeps everything in black n white.

    Best bet is to try to workout something with you present company.





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  • indyanguy
    01-29 07:53 AM
    Yes, the employer does have several EB2 positions. I am not sure which one to apply for given my EB3 with the same employer and other factors mentioned earlier

    Any answers on my individual questions are really appreciated. Thanks in advance.





    banta4u
    07-13 04:23 PM
    Looks like the PERMANENT SOLUTION was to allow all applicants to apply for AOS....but it's losing ground, it seems...

    Looks like July 485 applications will be accepted soon....from the looks of it USCIS is admitting it's mistakes...

    http://blogs.ilw.com/gregsiskind/
    >>>>>>>>>>>>

    BATTLE TAKING PLACE AT CIS OVER PRECISE REMEDY IN THE VISA BULLETIN MESS
    I have been reporting on plans for USCIS to make a major announcement today or Monday regarding fixing the mess created by USCIS' not quite valid claim to have fully processed all remaining cases for the fiscal year.

    Apparently, there are multiple camps arguing for different solutions, according to more than one of my sources with at least one side arguing for providing interim work and travel benefits without a visa number being available (the "permanent" solution), another arguing for only accepting adjustment applications for July and other possibilities as well. The "permanent" solution camp has apparently lost some ground since yesterday.

    An announcement today is still possible which might make sense given the holding up of publishing of the Visa Bulletin and the deadline imposed by Congresswoman Lofgren. But obviously USCIS has to decide what it wants to do, check the legality, then draft and release a press statement.

    I'll update you as I learn more.





    kondur_007
    07-21 08:59 PM
    Your Lawyer is correct:

    As you left your employer in less than 180days from filing 485, you can not invoke AC21.

    The only way for you to save this GC is to have intention (both, you and your employer) to have permanent job after GC and you and your employer should be able to confirm that in the event of an RFE.

    Furthermore, if there is no RFE and your employer does note revoke I 140; and your GC get approved; you will have to start working with your employer (duration of such employment is never clarified in law; search the forum for details). If you dont do so, you may have trouble later on (CIS can revoke GC or you can be denied citizenship with revocation of GC several years later...).

    Therefore, it may be a good idea to start another GC ASAP (if your current employer really does not want to hire you once GC is approved) and have another status as a backup to fall on to just in case your employer revokes I 140 (which he ideally should if he is not intending to hire you after the GC is approved).

    Good Luck.



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