Thursday, June 30, 2011

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  • GCHope2011
    11-04 11:16 PM
    Hi All,

    I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do

    1. Can I travel while my extension is pending?
    2. Can I raise a service request to speed up the processing?
    2. or Upgrading to PP is the only option?

    I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?

    Please help...

    Thanks in advance
    Ritu
    Answers:
    1. There is nothing/ no one who can stop you from travelling if you want. The question to worry about is can you come back ;) (I know it is a smart alec answer, but couldn't resist it - and that is indeed the bottom line).

    2. SR to speed up processing might not be of much help

    3. PP will certainly make it time bound - however, even in case of PP, they can send the application for administrative process, which can still take more than the time you have

    Now, what happens in case you travel while the application is still pending? Your application for extension will be considered abandoned, and for re-entry, you will necessarily need to use AP. And since your extension is considered abandoned, you will necessarily need to use EAD to work, even for your current employer (that had filed the extension).

    Hope it helps.




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  • Hrithik
    01-21 12:07 AM
    Hi,

    I am quite frustrated with my present situation. Here's my sad story:

    I came to US on L1B Visa through company A. In 2010 Company B filed for my H1B. They asked me to pay half of the H1B filing money ($1500) which will be returned later. They sent me a document mentioning that as a training cost which I signed and paid them online $1500. I shouldn't have done this. My mistake. I was never given any training and money was not returned. :(

    Company B also verbally committed to me that they'll be paying me roughly 80% of the client project contract amount which they will be getting from the client. They asked me to sigh the contract document with them which mentioned my salary way to less than expected. When I asked why the salary is mentioned too less here, they mentioned that don't worry about it. It is done to keep the agreement same as LCA filled. And I'll be getting what I was promised. the contract document also mentioned that if i leave the company within 1 year, I'll be paying liquidity damages to the company. This was big trap which I didn't understand that time and signed the document. This was my 2nd biggest mistake. :(

    Now for last 5 months they are paying me at very lower rate (what was in the contract which is roughly 50% of client project contract amount). I called them on phone and they mentioned that they'll eventually release my salaries but they never released. I sent many emails that this is not what I should be getting as per the commitment given but they never replied to my emails. I mentioned in the emails cleary that what I should be getting. So now they haven't paid me almost $8,000 in last 5 months.

    I am planning to quit the company B and join company C.

    Here are my questions:

    1) Is there any way I can complain legally about Company B and get my money? I have sent many emails that mentions what I should be getting. Does emails can be used in this case?

    2) If I leave the company B and join company C. Can they drag me to the court to pay for liquidity damages since I left them within 1 year?

    I moved to H1B thinking that I would have a better life but it has become way more worse. Please advise me what are the best suggestions for me in this situation. Thanks a lot. :)

    Please help me !!

    Regards.
    Hrithik.




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  • nk2006
    05-12 01:57 PM
    This really seems moving now. This may be the best time for the CIR to get passed in Senate. Conference may be different ball game but right now momentum is picking up and we (IV) has to do one last effort for our amendments.

    Bush administration seems finally pushing hard on CIR:
    http://www.cbsnews.com/stories/2006/05/12/politics/main1614242.shtml

    In NY Times:
    http://www.nytimes.com/2006/05/12/washington/12cnd-immig.html?hp&ex=1147492800&en=74b688ab8c164a63&ei=5094&partner=homepage




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  • americandesi
    10-17 12:41 PM
    i don't personally know any attorney nor do I have any experience. But I know that anyone (including Indians) will qualify and this is always current and no labor cert needed. You can go from 140 to 485 in a short period of time and then get a 2 yr conditional GC after which if u still maintian ur initial invest (500k or 1M depending on target area of investment) then u will get final GC.

    You also need to create employment opportunities for at least 10 people in the permanent resident or US citizen categories during those 2 years. Not sure if I-140 is required.



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  • when
    02-29 08:45 AM
    How can one find his/her receipt date if they dont have copy of their receipt notice, just the receipt notice?




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  • ramraj_02
    10-19 09:30 AM
    Hi folks,
    Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)

    Thanks



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  • anilkumar0902
    08-15 12:52 AM
    Thank you for the response dentist1.

    I am not sure on how to interpret LUD, here is the summary

    1. 485 received date Aug/1/2007, notice date Sep/27/2007 - for all three of us.
    2. We applied for a change of address in May/2009 and received acknowledgement from USCIS in June/2009 - for all three of us.
    3. My son's RFE response acknowledgement dated July/2009.

    Please help me to figure out LUD for our applications.

    Thanks

    LUD : Last Update Date
    It shows up while you check your case status. You can easily see all of them, if you sign up for case updates on the USCIS website..It is very easy to set-up as you can see for yourself.

    Good luck for next month

    Cheers




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  • coolstonesa
    04-28 11:17 AM
    Though I am still stuck at LC process, I am curious to know if you are required to attach copies of W2 or tax returns with your I485 application? Is there any specific requirement from USICS on this or recent paystubs and letter from employer should be enough?



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  • jvs
    06-18 06:50 PM
    Regarding "how soon can you go for stamping"

    Depends on the consulate. Mumbai consulate allows you to go for stamping 90 days prior to start of your extension. In your case if your extension starts on 1st October 2010, you can go for stamping as early as 5th July 2010. Since you are expecting to receive the extension by August you can go for stamping as soon as you receive it.

    I would recommend dropping a mail to VFS and asking this question for the consulate you are interested in.




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  • DDash
    02-12 12:26 PM
    Thanks for the link GC_ASP.

    Health insurance is a daunting concern, esp. in times like this. One suggestion is to think about High deductible HSA plan. This plan will work best for People who are healthy and have no health issues, but want to cover for the unexpected emergencies.

    For example, I opted for 0/1500 plan through Kaiser Permenante. This plan will allow you to roll over the extra $s into next year and from next year to the next, etc. You will build an account (and I think can invest the money to grow it further). You can use the funds from the account that you built over the years to pay for future expenses. But the catch is, they will pay for your claims only after you spend the first 1500/Yr. Basically, this is an option to control how you want to spend for your medical expense.

    Like I said its good for healthy adults. For children this may not work, because they might need more medical care than healthy adults.

    Cheers!


    Go to www.ehealthinsurance.com ,



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  • senk1s
    10-26 03:04 PM
    there was a thread in the travel options forum
    where someone has obtained AP on priority - by repaying the fees

    http://immigrationvoice.org/forum/showthread.php?t=14838




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  • gc28262
    07-09 09:37 PM
    what are the complications of applying to eb2 if there is only 3 year degree bachelor degree? Have a masters degree from Singapore - will that be enough to qualify?

    IMO there is a good chance you will qualify for EB2. When doing educational evaluation, you should base your claim on your masters degree. That way you would qualify.



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  • waiting4gc02
    02-28 12:44 PM
    Guys:
    I am in my 9th year and have applied for extension (3 yr, based on approved I-140).

    Now if my wife were to go to India and in a couple of months apply for her
    H4-Visa stamping in Delhi. What are the documents that she needs to carry ?

    Thanks




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  • Blessing&Lifeisbeautiful
    07-24 02:20 PM
    Hi,

    MY labor says that the candidate needs atleast 1 year exp as a Software Engineer. Your labor says at least 1 year exp
    But my experience letter says that I have 2 years of experience as a Senior Software Engineer. You have 2 years exp. then you are good to go :-)

    Would that be ok ? (Actually I was a software engg before and got promoted to Senior Software Eng later.)

    BLIB (ie Blessing&Lifeisbeautiful)



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  • vactorboy29
    11-30 02:04 PM
    I havn't gotten mine yet. Filed on Sept 11th at VSC. Check seems to have cleared though -according to the Attorney. However I guess the delay in my case is the exception rather than the rule.

    I am also in same boat.Applied on 15 oct ,so far no receipt.




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  • paskal
    06-24 10:40 AM
    had a positive years ago
    never had to have one again
    CXR was -ve
    at some point my employer recommended taking INH (medicine) prophylaxis
    friends advised me that immigration issues will ease up
    so i took it
    hopefully i'm all done.



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  • Dhundhun
    05-25 02:34 AM
    I filed for my EAD last year along with 485 and the lawyer sent the application to Nebraska Service Center, however, the receipt notice I received was from Texas Service Center.

    Now, for Q11 - Have you ever applied for EAD from USCIS? Which USCIS office, which office should I mention? NSC or TSC?

    thanks,

    What is your USCIS receipt number: if LIN.... it should be Nebreska




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  • sona75
    07-29 08:09 AM
    Thanks so much noida123 for your reply. Really helps.
    Can you tell me how to get obtain a Special Waiver?are you working in Federal worksite?
    because i am in Federal worksite.




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  • flash.stoffer
    08-07 11:33 AM
    Thanks.. icleric ;)

    Rigth now, I'm creating a new stamp :thumb:




    amar123
    02-08 10:47 PM
    Delaying beyond your legal stay would obviously make you out of status and there are quite a few repercussions for it. It is still February, you still have time
    Unfortunately, this forum has very few answers ,mostly questions being posed,so, I doubt you'll get any useful responses
    Regards,
    Amar




    forgerator
    10-23 11:28 AM
    I was married in India as per Muslim law and currently both of us hold US citizenship. At the time of marriage we both were indian citizens. What kind of rights do my wife has on my property in India on our divorce (I bought these properties after my marriage and it is all registered under my name) ? In US, both husband and wife would share any property that we aquired after the marriage. Does the same true in India?

    Thanks for your help. I pray no one should go thru these type of issues in thier life.

    Well , the law states that the property accumulated after marriage has to be divided. Did you buy that property in India with money you accumulated in the US? Did you transfer that money from US to India? Was that money accumulated after marriage? If yes, then it will be divided as well. Of course it's best to check with lawyer first.



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