Sunday, June 26, 2011

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  • nousername
    04-07 01:56 PM
    gcformeornot: In your previous post you stated that "substitution is no longer valid".. I apologize as I am not very good with law jargon and definitions and no clue since when substitution was kicked out of the immigration law book.

    Additional details will be greatly appreciated.

    Thanks.

    it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...

    "applicant failed to establish that the substituted alien improperly adjusted status"




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  • vidyakulkarni
    07-13 11:24 AM
    we are highly skilled people. so we should wear business suit , it will give impact.




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  • Imigrait
    09-07 02:15 PM
    ok........ After thinking about it for a while, I think I have the answer now.

    What zephyrr is saying is that you should be able to show that your promotion is a new job in itself and it is significantly different from the job you were doing prior to your filing for Green Card, although it might be in the same company.




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  • samswas
    09-28 03:43 PM
    All,

    I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

    Can you please help me with following question?
    My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?



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  • Quest99
    09-14 04:40 PM
    It looks like a case of misunderstanding. Did you explain why you had the change of heart?. Explain your personal situation -like you are explaining here- with the pregnancy and commute time and doctors visits that are required every week?. I am not sure why a sane person wont understand the reasons why you decided not to join them. Further, if they do not understand, ask them if they have filed paperwork for H1?. If NO, then what is the claim of $3000 for?
    I explained my situation (I told them everything I wrote here) to them, but they don't care to listen. I have asked for the sign of contract proof and after that so far no mails from them.




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  • mpadapa
    10-09 12:56 PM
    Please provide additional details regarding U'r labor like EB1/2/3

    GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..

    Pleaseprovide appropriate titles when U create a thread...

    I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:

    1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?

    2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.

    3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?


    I shall be thankful to you to get my answer.



    Thanks & regards,
    SU1979



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  • needhelp!
    03-24 12:18 PM
    Windows Media: http://wamu.org/audio/wamu.asx
    Real Audio: http://wamu.org/audio/wamu.ram
    MP3: http://wamu.org/audio/wamu.m3u

    Guests:
    Robert Hoffman, Vice President of Government and Public Affairs, Oracle

    Ron Hira, Assistant Professor, Public Policy, Rochester Institute of Technology; Author, "Outsourcing America: What's Behind Our National Crisis and How We Can Reclaim American Jobs"
    Mark Bartosik, Software Engineer; Member, Immigration Voice




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  • sangeethak31
    07-13 02:51 PM
    Hi,

    Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.

    Thanks,
    Sangeetha K



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  • fromnaija
    07-20 04:57 PM
    It all depends on your friend's priority date as well as her scheduled delivery date. The only problem is if her PD becomes current before the child is born or her case is approved before the birth.
    To prevent all these hassles she may be advised to give birth to her child in the US unless she does not have that choice.

    Well, actually she does. But they are worried that they GC might be approved and their child would be out of status- any suggestions?




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  • sunny1000
    04-20 03:09 PM
    I-94 also does not have the date written

    In that case, here is the relevant Q&A in the www.cbp.gov website. Hope it helps:

    Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?

    A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.
    Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.

    Currently, there is not an approved form to request the correction of inaccurate information recorded on the CBP Form I-94 or I-95 at the time of entry into the United States. You will need to bring the questionable CBP Form I-94 or I-95 and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.

    The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the CBP Form I-94 or I-95 that has been lost, stolen or mutilated must be filed with USCIS.

    Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the CBP Form I-94 will not be corrected. Under these circumstances, you will be required to file an Application to Extend/Change Nonimmigrant Status, Form I-539, with USCIS.



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  • onthelines
    03-24 01:02 PM
    I listened to it at the end. Great job Mark...




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  • sledge_hammer
    06-15 03:44 PM
    Hi kak1978,

    what's the process for getting the "Account verification letter for Immigration purposes" from BOA?

    Thanks!

    I had a account in Bank of America, and they sent me a letter when i asked them to send a "Account verification letter for Immigration purposes" They charged me $10 for that and took around a week. See if you can open a account at a local bank and try transfering the money to that account, Before you decide on opening a account , confirm if they issue such a letter.



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  • msyedy
    01-25 06:03 PM
    :D :D :D

    That's hilarious.

    But fun aside, you're right. Times of India makes it sound as if H1Bs pretty much run everything and create everything and that H1Bs are like rockstars or something.

    One reason I never read Times of India is that they somehow have figured out to beat pop-up blockers and my screen fills up with pop ups for airlines agents and phone cards and its really irritating.

    Secondly, their content is becoming like a tabloid's content would be.

    I agree with you Logiclife.... When I call my parents in india, my father says
    you should be getting your greencard soon, bush is giving greencards to legals.

    Ab mai kya samjhaoon. Bush bhayya to sirf push ka naam lete hai magar
    dam hi nahee Push karne ka.

    Unko ab thode dinme gaddi se push kardiya jayega.




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  • pani_6
    08-24 03:42 PM
    The situation seems pretty grim...there are about 80 k indian students
    coming to the US every year in total about 250-350 k including all international students (I assume) and at least 50% of them want to work after graduation (I assume)..with the h1 cap at 65K(lot of them taken away by consultants) ...and the lots of school funding squeezed because of the war..Most students (I assume) study with no AID hoping to get a job to repay some of the loan/ father's money...

    I think prospective students need to know the real situation out here..before
    they make a choice of studying here.

    I hope this grim situation is temporary...



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  • a1b2c3
    02-05 10:12 PM
    I'm also in the same boat. Cases after me are getting approved.:)




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  • Bpositive
    01-02 01:59 AM
    Happy New Year!

    My new year begins with another immigration issue..need some urgent advice.

    My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.

    My wife has an Advance Parole document and EAD based on my I-485 application.

    Can you suggest options for her?

    1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?

    2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?

    3. Any other options/advice?



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  • Curious_Techie
    09-30 10:54 AM
    Yes NSC with WAC receipt.
    EB2-I PD Aug 2005.
    I did applied for EAD & AP renewal in mid August.
    Still on H1B. 2010 validity




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  • ravi.shah
    01-06 01:33 PM
    As always, lets hope that some or the other bill materializes and provides much needed relief to those waiting in line :)




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  • varshadas
    02-17 12:43 AM
    A total of 39 people were in the conference call tonight including the core members(2) and the NJ state chapter members(2). I think this was really really good. Let's continue our efforts with this energy and momentum. Thank you everyone for attending the call tonight.

    I just want to go over what we discussed in the call in brief:

    Goals of the state chapters
    Increasing the membership
    Meeting the law makers

    Methods to increase membership
    Take a print out of the flyer made by NJ state chapter. (Vineet, can you out this under Resources. I am unable to upload)
    Distribute the flyers in the local train stations where traffic is maximum.
    Distribute the flyers in the local temples.
    Try to participate in local community events.
    Try to get onto the local Indian/Chinese radio channels.
    Try to connect with people at work and school.
    Try to get stories in the local newspaper.
    Any other methods can be explored by the individual state chapters.

    Meet the law makers
    Go to www.immigrationvoice.org
    Click on Resources on the left
    Click on Resources for "Meet Your Local Maker"
    There are a number of things here that would help you in this.

    People from the local constituency should set up an appointment with the
    Congressmen. Congressmen do not talk to people outside their constituency. Once the appointment is set, not more than 3 people should go to meet the
    Congressmen. Out of those 3 people, one of the persons should be the one who set up the appointment. Also, schedule the appointment with them, the way they want. For example, if they want a letter, send them a letter, if they want fax, send them fax.

    For setting up the appointment, we used the following letter format provided by the core team:
    ************************************************** ******
    Date: 01/24/2007

    Dear Congressman XXXX,

    I am a concerned constituent writing to you on behalf of ImmigrationVoice, a
    non profit organization working to get the problems of Employment based Legal Immigration to the attention of lawmakers. I would like to request for a
    meeting to discuss the problems that the legal high skilled immigrant community is facing. Employment Based Legal immigration is currently facing some of the worst waiting periods in the recent past. Applicants have to wait to finish their final phase of immigration for as many as 6-7 years because of the lack of employment based green card numbers which is also called Green Card Retrogression. The reasons for these are certain bureaucratic delays, flawed practices and procedures and arcane laws which are not in tune with reality at all.

    Please also note that there are more than 350,000 Labor applications pending at the Labor department to be processed. Some of them are as old as from year 2000. These applicants are waiting for certification from the US Department of Labor as high-skilled workers who are not displacing existing American workers in the market.

    Subsequent to rigorous but unfruitful recruitment efforts by our employers and other processing stages by USCIS, we still have to face prolonged wait times. It is also to be noted that most of us are already working in the U.S. for the past 5-6 years and are contributing to the U.S. economy in the form of taxes etc - some of which we do not derive any benefit from. This also hurts the businesses in your constituency like my employer because they have to wait indefinitely to hire talented applicants on a permanent basis. This is a very important issue and will determine whether the United States of America remains competitive in the fields of science and technology and retains the best talent from around the world.

    ImmigrationVoice is a nonprofit organization comprised of volunteers who are
    suffering due to these delays and wish to bring this important issue in front
    of their lawmakers. Hence I would request an appointment so that I can explain these problems and ask for support for some of the legislative measures that have been introduced to alleviate these problems.
    I look forward to hearing back from you.

    Thank you.
    Sincerely,

    (Place holder for your signature)
    Your name:
    Your address:
    Your email:
    ************************************************** ******

    Once the appointment is set up, take 3 or 4 copies of the presentation and the brochure neatly clipped in a file. You will find these documents under the
    heading called Materials for the meeting in Resources->Meet Your Local Maker.
    If possible, take your laptop for the presentation.

    Begin by introducing yourself and that you are a member of IV which is a
    national non-profit organization that is working towards providing relief to
    skilled legal immigrants and that there is no other organization like
    immigration voice in the USA.

    Talk about the good things that the Congressman has done for the community (Research in advance).


    More information can be found under headings During The Meeting and Post Meeting under Meeting your Local Maker->Resources.

    If anyone has any questions, please contact IV or you can contact me too at
    varshadas@hotmail.com.




    se_vnt3
    02-24 03:41 PM
    To whom it may concern, please, help us. Everything we ever learned from the U.S. about truth and justice is suddenly being deprived of any meaning by the U.S. itself. The hardest part for us is believing that everything we�ve based our lives on � the American way, has no merit.

    I was deported from the United States of America on February 18, 2005. I lived there nearly 30 years since I was 20 months old, when my mother crossed the Rio Grande into the country with me illegally. I was given an opportunity to become legal under the NACARA law but was to afraid of being deported like Maricela Soza was under the same law and didn�t go through with the entire process. I have both a husband and a son who are U.S. citizens but I am permanently prohibited by Immigration law from immigrating to the United States, while at the same time I am allowed to visit. Due to my drug convictions amounting to possession of more than one count of 30 grams of marijuana. It�s Immigration law�s contradicting policies which I find disturbing.

    U.S. Immigration is concerned with their citizens� welfare but it is denying my husband�s and my son�s requests to have me back by their side for good. Although Immigration law will value my wish to receive admission into the United States. Needless to say I prefer returning, immigrating and remaining in the country by my family�s side. That�s not taking into account the fact that I am still homesick and continue experiencing culture shock in Nicaragua. What the Department of Homeland Security is doing to my family and I is cruel, inhumane and unpatriotic. No free country�s government has any business deciding how families should be formed or whose personal choice is agreeable or not. Like that of my son�s and husband�s choice to overlook my shortcomings and begin our lives over together again.

    The 212(d)(3) Waiver allows a visitor�s visa into the U.S. to be issued to an Alien like me if I show evidence of rehabilitation such as becoming a practicing professional with a U.S. job offer. Sometimes with lone proof of a bank savings account, school registration and satisfactory travel record. On the other hand there isn�t one waiver available for United States Citizens who wish to rebuild their lives with an Alien deported for any drug charge(s) of possession of more than one count of 30 grams of marijuana. Not only are Andrew�s(my son) and Thomas�(my husband) needs being ignored but my needs are being placed before their own. An act I dare name TREASON.

    How much more is the United States citizens� welfare secured if an Alien with an undesirable drug history enters the United States merely to visit and not to immigrate? Shouldn�t all United States citizens� needs and rights within and from their country � such as my husband�s and my son�s, come before any Alien�s need or right to receive admission into the U.S., including my own? Also, shouldn�t Family-Based Immigration take first place over �Alien travel� for any reason?

    I regret to say it�s these types of injustices with devastating consequences to the recipient�s and his/her immediate relatives� personal lives remaining raveled, much more unacknowledged that play a large role in the cause for conflict concerning disloyalty and unpopularity among U.S. citizens and foreign nationals inside and outside of the United States. I trust that once this oversight is brought to DHS�s attention they will not knowingly continue punishing my husband and my son for loving me, an Alien who once stumbled while attempting to survive in the U.S.. I�m afraid to imagine how many individuals involved in cases like my family�s and mine go on thinking that the U.S. is a bad country for having the audacity to pass judgment on them. I�ve had to believe there�s a glitch somewhere in immigration law caused by simple human error. I can�t accept that the U.S. I grew to know as a loving, Christian country with caring values is intentionally causing my loved ones and I grief. It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed. I know the United States of America will do right by my son, my husband, me, and the rest of its citizens and foreign nationals in our predicament.

    We want the 212(d)(3) Non-Immigrant Visas Waiver made into an Immigrant Visas Waiver for Immediate Relatives of U.S. Citizens to make sure United States citizens receive competent protection from the Department of Homeland Security and adequate protection from the United States of America. I believe a Waiver should be available to me for my deportation charge including possession of more than one count of 30 grams of marijuana so my husband and son can claim me and I can immigrate to the U.S.. But immigration law only makes such a Waiver available to Foreign Nationals who wish to travel to the U.S.(and who also have the same charge as me: deportation including possession of more than one count of 30 grams of marijuana). My husband�s and my son�s Freedom Of Belief civil liberty is being violated because their belief is being discriminated against. I am not able to immigrate to the U.S. because immigration law doesn�t allow me a Waiver enabling my husband or son to claim me successfully. If I had a Waiver available to me they wouldn�t have to be at this crossroads making their case public in the courts, therefore their Right To Privacy is also being violated as a result of their belief being discriminated against. Please, help bring justice to these afflicted, we need your input. How should we proceed?




    akkakarla
    08-16 12:03 PM
    While it is good idea to move to UK there are similar protests going in UK due to job loss and lot of Work Permits going in favor of Indians. Recently I read an article which says that 18,000 Visas out of 30,000 Visa(High Tech) are granted to Indians.

    UK based companies pulled out their operations from India stating the quality of work from Indian operations is very poor.

    Adding fuel to fire Mr Mittal relentless aggression to acquire companies is all creating chaos in UK.

    My 2 cents



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