Fightwithfate
03-19 06:11 PM
My wife changed her job after getting H1B transfer receipt. Her previous H1B is not expired or revoked. After one month with new employer, her H1B is denied. We didn't appeal, but immediately filed new H1B with another employer and give paystub of the denied employer with all details. She got her H1B approved with the latest employer. This happened 4 years back.
So, if H1B denied, you can file appeal or find a new job and file new petition ASAP.
Thank you for your information.I hope you know the situation right now in USA.In jan 2010 H1 people came to Newark Airport were asked to form in a separate queue as soon as they get down from the flight for two levels of interview.Some of them are sent back.Now you can't find employer to transfer your H1 immediately.Before two years it was possible to transfer H1 with out having recent pay stubs and they never asked client letter.Now if you don't have a job you can't transfer your H1 to anybody.
Before Sep 2009 it was two minutes time to take LCA. Now it takes 1 week time to approve LCA. We never heard about Employer-Employee relationship before 2010.
So, if H1B denied, you can file appeal or find a new job and file new petition ASAP.
Thank you for your information.I hope you know the situation right now in USA.In jan 2010 H1 people came to Newark Airport were asked to form in a separate queue as soon as they get down from the flight for two levels of interview.Some of them are sent back.Now you can't find employer to transfer your H1 immediately.Before two years it was possible to transfer H1 with out having recent pay stubs and they never asked client letter.Now if you don't have a job you can't transfer your H1 to anybody.
Before Sep 2009 it was two minutes time to take LCA. Now it takes 1 week time to approve LCA. We never heard about Employer-Employee relationship before 2010.
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rockstart
06-25 03:02 PM
I hav e sent the email
techskill
05-07 03:10 PM
NO, it is not normal. My lawyers recieved the denial notice in a weeks time and they had told me that they would contact USCIS if they did not get the notice in 14 days.
Even my AP got approved on april 22nd and it was mentioned in status that the approval notice was sent on april 22nd. But again they updated the same info on May 1st.Still i havent recd the approval notice.
Even my AP got approved on april 22nd and it was mentioned in status that the approval notice was sent on april 22nd. But again they updated the same info on May 1st.Still i havent recd the approval notice.
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bomber
08-17 12:33 AM
You yourself willingly knowingly signed G28 form and gave all the power to your attorney. USCIS is not suppose to be sending you anything. And IV has nothing to do with it.
You have to realize, that your attorney/employer have to be willing to support your GC honestly, since you might need them in case of RFEs, etc. If they are playing games, then invoke AC21 and leave them.
You can sign G28 with another attorney, and your new attorney will request your case from your previous attorney. Your previous attorney will have to be REQUIRED to send ALL your papers (including that RN).
You can apply for EAD with just having receipt number, you can find out it by just calling USCIS. So I don't see any reason to freak out.
I still want to!
You have to realize, that your attorney/employer have to be willing to support your GC honestly, since you might need them in case of RFEs, etc. If they are playing games, then invoke AC21 and leave them.
You can sign G28 with another attorney, and your new attorney will request your case from your previous attorney. Your previous attorney will have to be REQUIRED to send ALL your papers (including that RN).
You can apply for EAD with just having receipt number, you can find out it by just calling USCIS. So I don't see any reason to freak out.
I still want to!
more...
crzyBanker
12-15 02:53 PM
Hi I live in NW Suburbs of Chicago. Count me in.
tabletpc
09-17 09:45 AM
tabletpc,
Look at tv25's post. He/She alreday used the H1B...tv25 mentioned that she/he worked on H1B for three months. That would have invalidated her h4 visa.
You are right. THis is one case where in USCICS are wrong. The visa officer at consualte should have canceld her H4, which he/she din't do and tv25 took advantage of it. Even at the POE, officer should should have got the info on his system. No idea why it din't happen.
But tv25, stop using this forum to get the solution and contact an attorney, like murthy ASAP.
Look at tv25's post. He/She alreday used the H1B...tv25 mentioned that she/he worked on H1B for three months. That would have invalidated her h4 visa.
You are right. THis is one case where in USCICS are wrong. The visa officer at consualte should have canceld her H4, which he/she din't do and tv25 took advantage of it. Even at the POE, officer should should have got the info on his system. No idea why it din't happen.
But tv25, stop using this forum to get the solution and contact an attorney, like murthy ASAP.
more...
u.misc
01-19 10:50 AM
Really... Selling a house takes longer and in some places its six month - a year. When you are detained at the airport, you can not list your house and sit in the airport for a year. Think before what you post.
I have sold a house in US while being physically in India. All you need to do is give a notarized affidavit to your Realtor and you don't need to be on the closing table. There is always a solution to worst case scenarios. Dude do some googling and you'll know what I am talking about.
I have sold a house in US while being physically in India. All you need to do is give a notarized affidavit to your Realtor and you don't need to be on the closing table. There is always a solution to worst case scenarios. Dude do some googling and you'll know what I am talking about.
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Alabaman
05-26 07:45 PM
AILAs take
Immigration In Conference
There are the three possible scenarios now that S.2611
has been handed to the House:
(1) the House does not name the conferees, hence no conference report and immigration reform dies this Fiscal year;
(2) the House names conferees and goes into a contentious conference, resulting in no conference report and immigration reform dies this Fiscal year;
(3) the House produces a conference report, immigration reform legislation is passed.
If immigration reform fails in conference, a statute could still ensue. There is still opportunity for a Republican vision of immigration reform, i.e. emphasis on enforcement, to be enacted, if House Republicans choose to attach such legislation with the appropriations bill during budget reconciliation. Stay tuned.
Immigration In Conference
There are the three possible scenarios now that S.2611
has been handed to the House:
(1) the House does not name the conferees, hence no conference report and immigration reform dies this Fiscal year;
(2) the House names conferees and goes into a contentious conference, resulting in no conference report and immigration reform dies this Fiscal year;
(3) the House produces a conference report, immigration reform legislation is passed.
If immigration reform fails in conference, a statute could still ensue. There is still opportunity for a Republican vision of immigration reform, i.e. emphasis on enforcement, to be enacted, if House Republicans choose to attach such legislation with the appropriations bill during budget reconciliation. Stay tuned.
more...
sgorla
05-24 06:39 PM
I wish good luck to him. There is nothing for us in this bill, and I will be very happy if he succeeds in killing this bill.
Go Savage......
Michael Savage is actively fighting against this bill. He is the one who initiated the collapse of the Dubai ports deal. He is confident about this I-Bomb too..
Go Savage......
Michael Savage is actively fighting against this bill. He is the one who initiated the collapse of the Dubai ports deal. He is confident about this I-Bomb too..
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Dhundhun
07-10 12:15 PM
Question: Why Canada is not in the list of countries?
US Canada has different agreement and for that 40 credits are not required. Even if a Canadian Citizen has earned 1 credit it is transferred to Canada.
US has several type of agreement between different countries. With India, it is 40 Credit. With some of the countries, no benefit.
With Canadian Citizen's benefit is reduced by windfall limit. If Canadian citizen works 15 years in USA (60 Credit) and 25 years in Canada, total retirement benefits becomes too much. So it it reduced.
If there is such new agreement between US-India, the returning Indian Citizen may have reduced benefits if they work 10 or over 10 years in USA. For example if policy says max Rs.50,000 per month. Right now for a couple it could be equivelent to over Rs.100,000.
So although for returning Indians, this news is welcome news for Indians earning credit less that 40, it may not be so for Indians earning more than 40 credits.
(I used word - couple. USA pays retirement benefit to non working spouse also - equivalent to 50% of working spouse. As I remember, India does not pay retirement benefits to non working spouse).
(The social security benefits has several components - retirement, death, disability, unemployment, medicare, ... Medicare for sure is not available for Indian Citizen returning to India)
US Canada has different agreement and for that 40 credits are not required. Even if a Canadian Citizen has earned 1 credit it is transferred to Canada.
US has several type of agreement between different countries. With India, it is 40 Credit. With some of the countries, no benefit.
With Canadian Citizen's benefit is reduced by windfall limit. If Canadian citizen works 15 years in USA (60 Credit) and 25 years in Canada, total retirement benefits becomes too much. So it it reduced.
If there is such new agreement between US-India, the returning Indian Citizen may have reduced benefits if they work 10 or over 10 years in USA. For example if policy says max Rs.50,000 per month. Right now for a couple it could be equivelent to over Rs.100,000.
So although for returning Indians, this news is welcome news for Indians earning credit less that 40, it may not be so for Indians earning more than 40 credits.
(I used word - couple. USA pays retirement benefit to non working spouse also - equivalent to 50% of working spouse. As I remember, India does not pay retirement benefits to non working spouse).
(The social security benefits has several components - retirement, death, disability, unemployment, medicare, ... Medicare for sure is not available for Indian Citizen returning to India)
more...
jay21
07-11 10:01 PM
why can't everyone request the USCIS to send it by Fedex or UPS, assuring that we will bear the special charges.
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logiclife
04-21 11:53 AM
You see, soundbites and rhetoric are very very tempting. Calling ourselves slaves, using words like "hi Tech slaves" makes us feel that we have finally taunted the system and shamed the lawmakers into acting.
Well, that's not how it works. We are advocating congress. We are not running for an election here and using soundbites and rhetoric really helps when trashing your election opponents. We are trying to get something done here, we are not running an election campaign and we dont have any opponents to taunt and shame by using the words like "slavery" and by trying to make a mockery of the system.
If taunts and rhetoric and soundbites would have done the job, we would have gotten bills passed long time ago.
Those who have made suggestions about using words like "Slaves" and "Hitech Slaves", and "tax paying slaves" have probably never been to lawmaker's offices. These words not only are improper and not only do they provide ammunition to people who oppose us, they are downright flat wrong. They also bring disgust and awkward situation if you use them in lawmaker's office. Imagine this: You are sitting with the judiciary counsel and if they ask you..."Who do your represent" and you say "We are from a grassroots nonprofit organization called Hi tech slaves". What do you think is going to happen to the rest of the meeting??
And by the way, those who are running out of patience with Greencard process are totally capable of packing their bags and going back to their home country. So you cannot call it slavery. Slavery is bonded labor. Where is the bond here? If you dont like your job, then change your job and get a new H1? If you cant port your PD and if you are sick of waiting, then you can go back because really, the bond is in your head, if at all. Its not like your employer is holding a gun to your head. That WAS THE CASE during actual slavery in this country. They were sold, traded and bonded. They were killed if they disobeyed? By comparing ourselves and our situation to that, you are not only being counterproductive, you are insulting the real victims of slavery that existing 150 years ago.
Use common sense and always think that what would be the impact if my post is read by people who intend to testity against us in Congress. Read John Miano's testimony in July 2006 in Judiciary committee. And use some discretion.
I am going to close this thread now.
Those who want to suggest new names for organization or new domain names for the website, please send an email to info@immigrationvoice.org and your availability to work on changing the names everywhere, including all paperwork etc and how much time can you spend on doing it and how can we transfer all name recognition from old name to new name. If its possible and if you can work on it and spend time on it to help us do that, we will surely do it.
Well, that's not how it works. We are advocating congress. We are not running for an election here and using soundbites and rhetoric really helps when trashing your election opponents. We are trying to get something done here, we are not running an election campaign and we dont have any opponents to taunt and shame by using the words like "slavery" and by trying to make a mockery of the system.
If taunts and rhetoric and soundbites would have done the job, we would have gotten bills passed long time ago.
Those who have made suggestions about using words like "Slaves" and "Hitech Slaves", and "tax paying slaves" have probably never been to lawmaker's offices. These words not only are improper and not only do they provide ammunition to people who oppose us, they are downright flat wrong. They also bring disgust and awkward situation if you use them in lawmaker's office. Imagine this: You are sitting with the judiciary counsel and if they ask you..."Who do your represent" and you say "We are from a grassroots nonprofit organization called Hi tech slaves". What do you think is going to happen to the rest of the meeting??
And by the way, those who are running out of patience with Greencard process are totally capable of packing their bags and going back to their home country. So you cannot call it slavery. Slavery is bonded labor. Where is the bond here? If you dont like your job, then change your job and get a new H1? If you cant port your PD and if you are sick of waiting, then you can go back because really, the bond is in your head, if at all. Its not like your employer is holding a gun to your head. That WAS THE CASE during actual slavery in this country. They were sold, traded and bonded. They were killed if they disobeyed? By comparing ourselves and our situation to that, you are not only being counterproductive, you are insulting the real victims of slavery that existing 150 years ago.
Use common sense and always think that what would be the impact if my post is read by people who intend to testity against us in Congress. Read John Miano's testimony in July 2006 in Judiciary committee. And use some discretion.
I am going to close this thread now.
Those who want to suggest new names for organization or new domain names for the website, please send an email to info@immigrationvoice.org and your availability to work on changing the names everywhere, including all paperwork etc and how much time can you spend on doing it and how can we transfer all name recognition from old name to new name. If its possible and if you can work on it and spend time on it to help us do that, we will surely do it.
more...
house Quote of the Day: Having it
gcpool
01-31 07:07 AM
Stay in the US
I went through similar circumstances and finally I found that US was the better choice
I went through similar circumstances and finally I found that US was the better choice
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lskreddy
07-06 08:59 AM
Hey, I just added this one line to the composed content and sent it to KXAN news Austin to a immigrant reporter who highlighted legal immigrant document woes (for Mexicans though) yesterday night. He replied quite promptly.
Added content:
Would you and your station be kind enough to highlight our plight? We may not be 12 million in numbers but we do contribute in dollars the same number on a daily basis
Reply from Matt Flener:
<snip>
Surendra,
Be assured I received your email and REALLY want to follow-up with you. I would love to highlight your story. I will try and give you a call this weekend, or Monday at the latest. Thank you for your email.
</snip>
If I do get a call this weekend, it would be nice to receive support from like-minded people in Austin. We could meet him at Coffee Shop or at my apartment. Alternatively, if he agress to interview via telephone, then I would love to include one from immigrationvoice core itself to highlight the woes more appropriately.
Let me know and by the way thanks for composing..
Added content:
Would you and your station be kind enough to highlight our plight? We may not be 12 million in numbers but we do contribute in dollars the same number on a daily basis
Reply from Matt Flener:
<snip>
Surendra,
Be assured I received your email and REALLY want to follow-up with you. I would love to highlight your story. I will try and give you a call this weekend, or Monday at the latest. Thank you for your email.
</snip>
If I do get a call this weekend, it would be nice to receive support from like-minded people in Austin. We could meet him at Coffee Shop or at my apartment. Alternatively, if he agress to interview via telephone, then I would love to include one from immigrationvoice core itself to highlight the woes more appropriately.
Let me know and by the way thanks for composing..
more...
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whatamidoinghere
09-11 07:35 PM
this is what I received from my legal..
----
The USCIS and any law enforcement officers have the right to ask you to present your registration document at any time. You should carry proof of your lawful status (such as your valid I-94 card, your green card, or your passport with I-551 stamp) with you at all times. If for any reason this is not possible, you should at least carry a copy of your registration documents.
CAUTION: Failure to carry proof of registration (such as your I-94 card or green card) is a criminal misdemeanor and is punishable by a fine not to exceed $100, imprisonment not to exceed 30 days, or both. In addition, if you willfully fail or refuse to apply for your registration document, you may be convicted of a misdemeanor that carries a fine of up to $1000, or imprisonment of up to six months, or both.
----
So it looks like we should atleast have a copy of the gc (shoved up our ...) and present it when asked by a law enforcement officer. Otherwise be ready to go to jail for 30 days.
----
The USCIS and any law enforcement officers have the right to ask you to present your registration document at any time. You should carry proof of your lawful status (such as your valid I-94 card, your green card, or your passport with I-551 stamp) with you at all times. If for any reason this is not possible, you should at least carry a copy of your registration documents.
CAUTION: Failure to carry proof of registration (such as your I-94 card or green card) is a criminal misdemeanor and is punishable by a fine not to exceed $100, imprisonment not to exceed 30 days, or both. In addition, if you willfully fail or refuse to apply for your registration document, you may be convicted of a misdemeanor that carries a fine of up to $1000, or imprisonment of up to six months, or both.
----
So it looks like we should atleast have a copy of the gc (shoved up our ...) and present it when asked by a law enforcement officer. Otherwise be ready to go to jail for 30 days.
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senk1s
09-13 03:09 PM
did it get transferred to CSC?
You might find this info on the check image
You might find this info on the check image
more...
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saketkapur
12-07 12:16 PM
So you apply about 4 months in advance? Are you then not losing about 3 months of your previous validity due to this practice?
not sure what you mean.
If your new validity date starts before the current one expires then yes you might lose the time depending on how fast your EAD was approved.
In my experience there has been no consistency in the issuance of the validity date in the past. I have received cards where the new validity date has been the day after my current EAD expired thereby me not losing any time and there have been times when I have lost time due to new validity date being prior to my current one expiring.
As per USCIS rules you can apply for renewal 120 days before your current one expires and not before that. Remember you can also apply for renewal a day before or even after expiry, its just that you cannot work as long as you do not have a valid EAD(or other work permit like H1B, L1 etc).
So as long as you are not at the risk of losing your job due to no EAD in hand I guess you can apply anytime once your 120 day window kicks in.
PS:Above is just my understanding of the system and should not be taken as legal advise. For any clarifications please consult your attorney.
not sure what you mean.
If your new validity date starts before the current one expires then yes you might lose the time depending on how fast your EAD was approved.
In my experience there has been no consistency in the issuance of the validity date in the past. I have received cards where the new validity date has been the day after my current EAD expired thereby me not losing any time and there have been times when I have lost time due to new validity date being prior to my current one expiring.
As per USCIS rules you can apply for renewal 120 days before your current one expires and not before that. Remember you can also apply for renewal a day before or even after expiry, its just that you cannot work as long as you do not have a valid EAD(or other work permit like H1B, L1 etc).
So as long as you are not at the risk of losing your job due to no EAD in hand I guess you can apply anytime once your 120 day window kicks in.
PS:Above is just my understanding of the system and should not be taken as legal advise. For any clarifications please consult your attorney.
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go2roomshare
01-03 05:13 PM
I am not sure the supplimental bill helps much to provide relief. it would basically create bunch of more backlogs at CIS and would even make 6 months to 1 year for EAD appoval , causing more backlog.
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bugsbunny
04-15 03:24 PM
Forum related questions
1 How do I create New Thread?
2 What do red and green mean?
3 How to give green and Red?
4 What is a junior member/senior member?
5 How do I Private message someone?
6 How do I update my profile?
7 Where is the control Panel?
FREQUENTLY ASKED QUESTIONS/FORUM FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/FORUM_FAQ)
1 How do I create New Thread?
2 What do red and green mean?
3 How to give green and Red?
4 What is a junior member/senior member?
5 How do I Private message someone?
6 How do I update my profile?
7 Where is the control Panel?
FREQUENTLY ASKED QUESTIONS/FORUM FAQ - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/FORUM_FAQ)
Iamthejuggler
03-24 01:18 PM
To be honest i can't stand that grimy look anymore. I think it was more that i'm bored of the style rather than it doesn't look good.
GC_hope_2006
01-28 07:40 PM
Thanks to all your inputs. It was really helpful.
I crossed the border - Blaine, WA to reenter Canada as PR. I went inside the US CBP office at the Border to complete my Car export process. I asked the CBP officer in charge for the export processing about returning my I-94. He took it from me and talked to the CBP officers managing the entry/exit procedures. Not sure what they talked as the line for export processing is far away from the regular line for immigration process. I saw the officer leaving the I-94 in one of the tables but nothing was entered in the system at that time. I asked the export officer if I need to do anything else and he said I am good to go.
I have no way of knowing if my exit from US was properly recorded. Hopefully, the US customs seal on my Car Title and other paper work I got from the Canadian side along with my residency (DL in BC) docs should help me to prove my stay outside US when I go for stamping next time/enter US POE. Keeping my fingers crossed till I enter US next time!
Thanks once again for all the help.
I crossed the border - Blaine, WA to reenter Canada as PR. I went inside the US CBP office at the Border to complete my Car export process. I asked the CBP officer in charge for the export processing about returning my I-94. He took it from me and talked to the CBP officers managing the entry/exit procedures. Not sure what they talked as the line for export processing is far away from the regular line for immigration process. I saw the officer leaving the I-94 in one of the tables but nothing was entered in the system at that time. I asked the export officer if I need to do anything else and he said I am good to go.
I have no way of knowing if my exit from US was properly recorded. Hopefully, the US customs seal on my Car Title and other paper work I got from the Canadian side along with my residency (DL in BC) docs should help me to prove my stay outside US when I go for stamping next time/enter US POE. Keeping my fingers crossed till I enter US next time!
Thanks once again for all the help.