Monday, June 27, 2011

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  • hope2007
    04-18 11:32 PM
    I spoke to company attorney they said as long as job description is same and it is commutable distance then you can change job location. There will not be any problem and you do not have to come back to original work location.




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  • Jerrome
    11-08 12:51 PM
    It includes all the AOS i.e Family Based, EB etc... Right




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  • ruchigup
    08-22 03:52 PM
    Were you kidding or serious? You just quoted the very same name that guy is to avoid.

    Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..
    Iskreddy, you r rightt.... "Fragomen, Del Rey, Bernsen and Loewy, LLP" is the complete name :-)




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  • f1vlad
    07-17 02:18 PM
    can you provide the link to that blog? I cannot find it.



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  • viper673
    06-08 11:11 PM
    Hi Dingudi,

    The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.

    The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.




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  • waiting4gc
    07-17 06:48 PM
    In fact your latest I94 number is needed on ALL your forms. So you will not be able to even complete the forms till you get back. So either
    1) Cut your trip short and return
    OR
    2) Continue your vacation and fill up all the forms electronically and get it verified by your lawyers if they agree to do so and then update it with the latest I94 after getting back


    So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.

    Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.

    - GS



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  • checklaw
    07-13 11:36 AM
    Checklaw,

    By Law, you must apply for an intended travel.

    However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.

    I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.

    Thanks
    Senthil

    Thanks for responding akilaakka. I have always understood the emergency part and urgent travel part for AP renewal. As renewing AP for family is pretty expensive, what am trying to understand is:

    Should one renew AP if there is no travel anticipated just to satisfy any legal mumbo jumbo?

    Your scenario appears to be different in the sense you indicated you still have a unexpired valid visa stamped in passport.

    Are AP extension gaps fine with respect to expired or no H1B visa.
    BR
    checklaw




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  • raysaikat
    01-29 12:22 PM
    My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).

    Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:

    1. A Change of Status from B1 to H1B
    2. A I-129 requesting H-1B (or H-1B transfer)

    Question -
    a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?


    She must wait for H1-B approval (I-797) form. In addition, if the I-797 does not have an attached I-94, then she must go out of the country, get H1-B stamped (if she does not have one) and reenter on H1-B VISA before she can start working.


    b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.


    Attorneys, please advise.

    Much thanks in advance,
    P



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  • chantu
    06-15 09:53 AM
    Anybody pls reply?




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  • slowwin
    06-11 08:36 AM
    Hi,

    vis-a-vis immigration, the burden of proof is on us not on the USCIS, reputed attorney like murthy always suggest to keep copies of I-94s at each stage to show proof of maintenance of status.

    Try to collate as much info as possible. Since you have such a long history (H1-B etc) at each step of extension or transfer you must have submitted copies of original H1 documents valid at that time and also passport copies too, go back to those attorney/(s) and request copies form their files. As far as I-20's are concerned you need to talk to your school to get copies.

    Thanks,
    slowwin

    -------------------------------------------------------------------------------------------------------------------

    DISCLAIMER: This not a legal advise. Please consult your attorney.



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  • Templarian
    11-26 11:09 AM
    While I quite like TheCanadian's idea, you can use the one I made. :lol:




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  • tikka
    06-22 09:40 AM
    http://immigrationvoice.org/forum/showthread.php?t=5470


    We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.

    If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.

    We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.

    We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.

    At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.

    Thanks



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  • fatjoe
    09-02 10:57 PM
    Is it possible to let us know their RD and ND too? Just wanted to find the pattern on how TSC is approving the case. That would be much helpful for those who are waiting.




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  • Pagal
    07-24 04:57 PM
    Hello,

    If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...

    1. Was I in non-pay status while working for VSG?
    2. Is my job and location same as in my H-1B labor certification?
    3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?

    If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.



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  • minimalist
    04-17 01:35 PM
    you should have been OK to go out and get back in, assuming you get the Visa. Probably you can do the same even now, if you do get the Visa.

    I know one person who was working on OPT and their employer filed for h1. She continued to work while waiting for USCIS approval even though the OPT expired.
    Finally when she did get the decision on h1 that it has been denied, she consulted a lawyer, on their advise, left the country immediately and got back in on H4. However, it was less than 180 days since her OPT expired.

    I am not sure how the o1 works or if this info may be relevant to you.
    Hello,

    Thanks a lot for your answers.

    Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.

    I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.

    Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.

    I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.

    When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.

    I will be very grateful if you can give me your point of view about my case and share your experiences.

    Thanks a lot




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  • rkrishna123
    10-17 03:10 PM
    Thanks Vamsi for your advice....I have not checked with the CIS yet...i will do now. Thanks for your time



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  • arrarrgee
    07-13 11:29 AM
    Read on CNN that west coast is hitting 125 in some places...if thats the case guess you guys should be good not wearing any suits...would look odd:eek:

    Its a good idea but make sure you guyz are comfortable. It must be hot out there.




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  • Leo07
    09-13 11:18 AM
    Let's not fool ourselves with these petty differences.

    Cheers!




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  • pd_recapturing
    09-26 10:51 AM
    You made my day. Thanks so much. :):):):):):):)

    I don't understand why people are right now so worried about priority date retrogression. If you have passed 180 days after I140 approval, go ahead, change your job and incase your 485 gets denied, reapply with new employer, with new new job description, using old PD and get GC soon as your priority date will be current. Am I missing something?

    There is no way I am going to spend 6-7 years in the same job with the same title(maybe even same company).
    ohhhh wow !! .. Man ...It not so easy as it looks on paper ...U will find tons of ppl in the stage of limbo after doing all this ... (including me though :(
    My sincere advice, DO not even think about it ..




    ssnd03
    07-12 06:44 PM
    The FBI name check is a bottleneck agreed. BUTTT It has NOTHING to do with the recent VB fiasco!

    Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.

    It certainly is US Dept of State vs USCIS lack of communication. But when there are so many pending I485s, the unused green card visas every year are due FBI background check delay.

    Retrogression is due to more demand than supply and country quotas.

    But yearly unused visas are due to FBI background check delay.

    There is a clear difference.

    Now the rumour that on July 1 some GCs were approved without FBI check completion maybe true. But that violation is a recent event. And there could be multitude of reasons for this violation. But it is a violation




    immigrationvoice1
    12-10 04:03 PM
    Please share the information on various Master degrees that you have done/doing/planning to do along with the University/school name and website information...



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