Saturday, June 11, 2011

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  • pinky001
    09-18 03:51 AM
    I am planning to attend an Visa interview, at present I am on H4 status.

    My case is: Gor H4 in sept 2006 - April 2008, and got stamping
    Later got H1 from Oct 2007 to oct 2010, and got stamping
    Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping

    Question 1) But when I am selcting the appontment date it ask's for a question
    " Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?

    2) Does H4 and H1 come under same Visa Class?

    please reply ASAP, As I am planning to schedule an appt immediately

    I am planning to attend an Visa interview, at present I am on H4 status.

    My case is: Gor H4 in sept 2006 - April 2008, and got stamping
    Later got H1 from Oct 2007 to oct 2010, and got stamping
    Present Got H4 from sept 2009 to may 2011 and no stamping yet and hence planning to go for stamping

    Question 1) But when I am selcting the appontment date it ask's for a question
    " Are you applying for same visa class that expired in the last 12 months?" so In my case would it be yes or no?

    2) Does H4 and H1 come under same Visa Class?

    please reply ASAP, As I am planning to schedule an appt immediately




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  • Googler
    02-14 05:22 PM
    Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.

    "In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."

    Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!

    I love also this part: "in the unlikely event that FBI name checks reveal actionable information".

    As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.

    Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.

    About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.

    Yep, I *love* the "unlikely event" part.




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  • logiclife
    07-11 11:40 AM
    There are legitimate ways to deal with such business situations. Its called "Fair buiness practices", something that many employers, especially the "Desi" ones may not have heard.

    They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.

    Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way. Just like you count vacation pay and other benefits like health insurance, etc as "Cost of hiring/retaining".

    No one stays on bench forever, but every once in a while, there are 2 weeks here and 3 weeks there when you are between projects or simply, moving from location A to location B. You cannot work while you are moving in your U-Haul truck. But then, if the employer were to pay for every single bench(non productive time), then its not hard to figure out how to fund that bench salary. They can fund it by cutting the wages across the board by 5-10%. Just like they fund vacation period. Vacation is also non-productive, unbillable time like bench period. But 2-weeks paid vacation is pretty standard in most jobs. Such non-productive times are accounted as "Cost" of hiring/retaining employees besides the salaries and other benefits like health insurance.

    But like I said, honor-system and fair business practise is something many employers of this class of "Synergy employers" havent heard of. Employees, if participating in an unholy alliance, really shouldnt be responsible, coz they dont call the shots of how the businesses are run. The employer has to have more grey-matter in his head to work out a legal way of running business where non-productive times and benches are inevitable.




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  • delhirocks
    06-21 06:09 PM
    I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D

    nice..



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  • EB2_Jun03_dude
    11-29 03:53 PM
    Hello Gurus,

    I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.

    Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?

    thanks.




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  • xgoogle
    07-20 11:27 AM
    We applied for her AP renewal on July 1st 2009 and on the status page, it says approval notice sent on July 16th. At the same time I also see a soft LUD on her I-485. The new date is 07/15/2009 but no status update. Are these two events connected or is someone actually looking at her I-485? Note, she is not current per priority date, however Texas processing times have been updated recently.

    Any comments?



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  • HOPE_GC_SOON
    07-15 10:56 AM
    Guys:

    My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,

    Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).

    Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:

    Any advise from Seniors/ Gurus.. :)

    Thanks in Advance




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  • laksmi
    12-12 06:29 PM
    she can go out of country but she can not return to usa, until unless she have valid visa or AP.



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  • spokeswoman Carly Foulkes


  • gc genie
    12-30 09:04 AM
    Can I apply for H1 B extension on my own or does it have to go through an immigrtion attorney?

    I will be applying for 7th yr H1 based on an ongoing GC process. I 140 approved . I 485 pending.

    Is this process any different from normal H1B application ( the first 6 years)

    Thanks




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  • mambarg
    07-20 04:44 PM
    Receipt notice not sure how long. I have not yet got it.
    Approval notice has already come via mail in 7 days precise after status approved.

    Again this is PP. So may be for PP it is only e-receipt and not actual receipt.
    I am not sure.

    This is exactly same case for another colleauge.



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  • Girl aka Carly Foulkes


  • kinvin
    03-17 10:21 AM
    Jay,

    You did a great job of the drive and many thanks to you!.

    "Help me Help you!"




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  • omved
    07-17 06:48 PM
    We should thank them all who worked for the cause. An official thank you gesture from IV would be sufficient I guess...



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  • ps57002
    10-16 05:11 PM
    bumping to see if anyone has updates on similar cases...




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  • dealsnet
    10-23 01:52 PM
    These people have a big microsoft word file with some information. Take your $1000 and will do 'find and replace' option in the WORD to change into your name. You may think you have a ton of info to support your case. Everyone doing with them will have the same file (only name is changed).
    Now USCIS knows this, and will be doomed.

    Please save yourself money and time. I used CCI. I paid $925. Sheila will talk like its a piece of cake to get the approval. Its a BIG LIE. Actually CCI is flagged by USCIS. She will also give you a pdf document of 50 mb or so for you to take a print out and if in case you send it, you application is doomed. After submitting her evaluation, mine got denied. Talk to a good attorney like murthy and take a chance with them instead of spending a grand with this women.



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  • little_willy
    02-23 11:25 AM
    If you currently have health insurance, you can continue it using COBRA in case of a layoff. With the recent stimulus bill, the premiums has been slashed by 65% for 9 months which is significant.




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  • sonia_sd
    09-14 02:34 PM
    The company is very healthy financially and has around 100 employees on payroll. They have successfully processed many GCs for the existing employees in the last 3 years. The irony is one of my friends that filed with me on the same advertisement and profile got his GC 18 months ago!!


    jlt007us,

    Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.


    Soni-



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  • sanju
    08-13 12:51 AM
    When India won its first Olympics individual medal, someone posted it on this site. People descended on that poor guy asking him to stick to the subject. Now where are those guys? Do I need to assume that they are not offended by this time?

    Well, are we all not trying to be Americans? So what’s wrong with cheering for the guy who makes this nation proud? If we were ALL trying to permanently migrate to India, in that case you will not see any opposition to Bhindra's achievement. I personally think that there is no need to make issue out of "this" or "that" on the forum for everything going on in the world. Both these gentleman and others who did well are remarkably disciplined human beings and we ought to celebrate their perfection, maybe by trying to be closer to perfection showing a little more appreciation for each other.

    Although I must quote a reporter on the news recently who said "When we wave Americans flags, we want to be called/seen as patriots and when others wave their flags, we call them nationalist". I found this comment very interesting.

    The point is, no matter what, we will find our differences superseding anything and everything in front of us under any given situation. That’s just Great…. maybe that’s part of being human …. do we expect ourselves to behave/react better than this…. Maybe we just want others to behave better than "this".




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  • easygoer
    05-15 11:31 AM
    sr225,

    Your experience obtained should be prior to filing of labor and should be for atleast five years. Then it is okay for you to go for EB2




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  • ajmalnasar
    12-21 03:59 PM
    Last month I flew to New Delhi India through Continental Airlines, I did not had the visa and my Visa had expired. You have a flight to Mumbai also. It is a nonstop flight, 13 hours straight and you are in. No hassles, no need of transit visa and you save six hours that goes in vain while transit.

    Mu suggestion, fly Continental from New Jersey.


    Thats the best in all respect. Travel time, no transit visa etc.

    Thanks

    Ajmal




    rockstart
    04-17 03:32 PM
    Quick question you said they asked you to submit your legal status papers since 1999 which was when you went out of country? I have 2 questions

    1) Since when have you been in US, rather first time when did you come to US

    2) Did you never leave US after 1999. This is because the status really matters only since your last arrival on visa. Earlier records do not matter as per 245(k) memo. This question will help other forum members who have some kind of status violation


    your responses will be appreciated.




    Z.Liu
    06-18 05:57 PM
    yeah. still, isn't it a little "short"?!:)

    I mean, having seeing some really long lists posted by other members, I'm a littlle concerned. :cool:



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