neverbefore
07-14 11:26 AM
I had gone to India for my father's 75th. b'day and planned to get my H-1 renewed. However, when I went to embassy, they said that I have to get clearance and will take one week. I said fine. One week became two weeks, then one month and then two months. I tried to contact embassy and other people, but of no use. My chief here in US, also tried. Meanwhile, my AP had arrive in US (we had filed for I485).( My wife had already got her H-1 approved and she had gone back.) She send me the AP. I contacted two of my lawyers; one said it is fine to come with AP, other said no. I send a letter to embassy asking about my travel with AP. They said, it is legal and not suggested!!!.
So after waiting for two month, I took a chance and came here on AP. At the airport, they took more than one and half hours to get be cleared, meanwhile my wife was waiting for me outside, not knowing what was happening. She was in tears when I came out finally.
After I came to US, I was informed from India that the US embassy had called and said that my name has been cleared and I should come to get my H1 visa stamped.!!!!!!!!
Thank you very much Dinesh for this. Currently my spouse's passport is stuck in the same place for god-only-knows-what reason. The embassy staff said they are auditing every 2nd-3rd application. We have the AP but we were thinking that if we withdraw the H1B application, the embassy people might stamp the passport saying "Application Received" which sometimes can be a euphemism for "Visa Denied". I once got such a stamp when visa was denied to me.
Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.
When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.
Thanks buddy.
So after waiting for two month, I took a chance and came here on AP. At the airport, they took more than one and half hours to get be cleared, meanwhile my wife was waiting for me outside, not knowing what was happening. She was in tears when I came out finally.
After I came to US, I was informed from India that the US embassy had called and said that my name has been cleared and I should come to get my H1 visa stamped.!!!!!!!!
Thank you very much Dinesh for this. Currently my spouse's passport is stuck in the same place for god-only-knows-what reason. The embassy staff said they are auditing every 2nd-3rd application. We have the AP but we were thinking that if we withdraw the H1B application, the embassy people might stamp the passport saying "Application Received" which sometimes can be a euphemism for "Visa Denied". I once got such a stamp when visa was denied to me.
Since we would then always have to keep explaining at every stage why we have that stamp, that's why we are sticking on with H1B delay. We have been given the same time-frames as you were.
When you withdrew your passport to travel on AP, did they stamp your passport with any text? Also could you please tell us the procedure you followed to withdraw your passport and whether you could collect it in person? We have been asked to email the US Embassy for withdrawing from our H1B application.
Thanks buddy.
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nrk
10-29 05:52 PM
My info pass appointment is tomorrow.
when is ur info pass appointment?
when is ur info pass appointment?
Saburi
02-12 04:12 PM
H1B transfer was regular transfer but my new employer used the same job code as specified in labor.
My attorney, then send the AC21 with new employer offer letter to uscis.
hope this helps
Do you really have to notify USCIS about you are changing employer as my lawyer told me its not required and this is one of the best lawyer, i did my H1 B trasfered before even my I 485 application may be thats why.
Would it be a problem for me if i transfered my H1 B even before i apply for I 485, as my lawyers explaination to that was as I 485 is for Future Employment and has nothing to do with the current employment.
Please do advice on this.
Saburi
My attorney, then send the AC21 with new employer offer letter to uscis.
hope this helps
Do you really have to notify USCIS about you are changing employer as my lawyer told me its not required and this is one of the best lawyer, i did my H1 B trasfered before even my I 485 application may be thats why.
Would it be a problem for me if i transfered my H1 B even before i apply for I 485, as my lawyers explaination to that was as I 485 is for Future Employment and has nothing to do with the current employment.
Please do advice on this.
Saburi
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onemorecame
01-04 11:53 AM
In India religious minorities have the rights to their own personal laws. I believe the Muslim personal law allows Muslims in India to have more than 1 wife.
Yes you are right
Yes you are right
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Edison99
08-23 11:50 AM
Thanks for the great suggestions!
When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
When I was trying to file in EB-2, this was the first question that I asked me lawyer -- No matter what, I do not want to get my pending EB-3 case to get in trouble. His answer was -- These two are going to be totally isolated cases. A person can have multiple pending green card applications. Heck, one can have one application in EB category and the second one in FB category. Having two cases together in EB category is fine and the outcome of EB-2 case at any stage would not effect EB-3 case at all. (Again, if USCIS finds that you are in some sort of fraud then it is all together a different case).
What you should not do (coming from lawyer) is do not file two sets of I-485. That is going to screw up your case.
Another suggestion that lawyer gave me and I did not follow is -- Let us say your EB-3 I-140 is pending and you and your wife have EAD and AP. When you start a new EB-2 process, during the I-140 stage, take CP route (Counselor Processing). This is best of both the worlds. You have EAD and AP from EB-3 petition and you are requesting for CP for your EB-2 application. As soon as your dates become current, you will be notified to go to your home country US embassy. Go there with family, get everything done and come back to the US with GC. If S*H*I*T happens there (Which is rate), come back with AP (derived from EB-3 application) and you are back to where you were. By doing this, you just eliminated two things -
1. Interfile is a tricky process. If you could avoid it, avoid it.
2. When dates become current, US embassy would surely look in your case. That process is far better than USCIS + I-485.
Negative point of this route is - you need to make a trip to your home country on a short notice.
Once again, good luck to you all. Just, do not do anything illegal to get GC. Do whatever is permissible under the law and do not even believe your lawyer. Do your own homework.
vhd999
04-21 11:23 AM
My wife went to India last month on AP via Frankfurt without any visa. She faced no problems while going and coming back.
While coming back, at the Indian airports, they do check for the visa/ap/gc before they let you aboard.
I guess the confusion part is that the consulate's version of the visa requirements do not match the visa requirements enforced at the airports.
While coming back, at the Indian airports, they do check for the visa/ap/gc before they let you aboard.
I guess the confusion part is that the consulate's version of the visa requirements do not match the visa requirements enforced at the airports.
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itsmedude
02-12 05:56 PM
You are not responsible for his losses unless your job duties were to collect payments from the vendor.
Did you not give him any notice at all? When did he find out that you were no longer working for him?
No I did not, I put H1B transfer and joined new company later he found out and i told him over phone i joined another company but my H1B with his company is still active.
do you thing this would be a problem?
There is no such agreement with him that i will have to give 15 day notice like that.
Did you not give him any notice at all? When did he find out that you were no longer working for him?
No I did not, I put H1B transfer and joined new company later he found out and i told him over phone i joined another company but my H1B with his company is still active.
do you thing this would be a problem?
There is no such agreement with him that i will have to give 15 day notice like that.
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smuggymba
04-29 09:39 PM
Perhaps, USA can levy another "fee" on H1-B folks to cover up the fighter jet deal loss just like they levy the mexico border protection fees on H1-B's.
Obama and USA should know that they can not cover every expense in USA by levying fees on H1-B folks. It's disgusting.
Which country in this world charges high skilled ppl to pay for their border protection?
Obama and USA should know that they can not cover every expense in USA by levying fees on H1-B folks. It's disgusting.
Which country in this world charges high skilled ppl to pay for their border protection?
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WeShallOvercome
09-10 11:46 AM
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
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greatguy
11-13 09:20 AM
I have prior bitter experience in taking employer to court - and my take is, it is not worth it. Here is my story:
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
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gcwant
08-31 06:21 PM
hi
i want to come and i am from franklin tennessee which is 30 miles from nashville tn is a bus ride from some where near to this place
thanks
i want to come and i am from franklin tennessee which is 30 miles from nashville tn is a bus ride from some where near to this place
thanks
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qtoask
07-06 03:43 PM
Members: can you request IV to endorse this ... more than 100 people are waiting to get hear 'YES' from core...
http://immigrationvoice.org/forum/showthread.php?t=6025
thank you
http://immigrationvoice.org/forum/showthread.php?t=6025
thank you
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whatsupwithgc
02-28 01:48 PM
Can you please let us know the URL for the latest name check FAQ posted today.
http://www.aila.org/content/default.aspx?docid=24696
http://www.aila.org/content/default.aspx?docid=24696
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perm2gc
12-20 12:08 PM
What are the advantages you will have now than before.Allowing H4's to work might be Big New Year gift for many our members.
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acecupid
06-27 05:36 PM
I guess rajkannan went underground after everyone got on this case... :D
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MLS
06-26 05:19 PM
Thank you very much !
visit your senator's website. Look for links for "casework". Look for contact person for immigration. Call your senator's office at that number. Explain your problem. They will ask you to write a letter giving your case information and requesting them to find out the status. Some senator offices may require you to fill some form in a format pertinent to them with the intention of giving the senator's office permission to inquire on your behalf and to give access to your personal information.
Once they have letter from you they will contact USCIS on your behalf. They will tell you by when they will hear back from USCIS. Make sure you do not call them repeatedly, call them when they ask you to call them or call them after a reasonable amount of time i.e. 2 weeks.
visit your senator's website. Look for links for "casework". Look for contact person for immigration. Call your senator's office at that number. Explain your problem. They will ask you to write a letter giving your case information and requesting them to find out the status. Some senator offices may require you to fill some form in a format pertinent to them with the intention of giving the senator's office permission to inquire on your behalf and to give access to your personal information.
Once they have letter from you they will contact USCIS on your behalf. They will tell you by when they will hear back from USCIS. Make sure you do not call them repeatedly, call them when they ask you to call them or call them after a reasonable amount of time i.e. 2 weeks.
more...
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24fps
02-27 05:52 PM
Kid? Pot calling the kettle black?
I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!
If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!
Again, you're the one whose hijacked the thread with your verbal mastur*tion.
LMAO@ "if you consider yourself tough" hahaha
so fighting anonymously over the internet in a forum is your test of being "tough" ?
haha.
Go back and do your IT coding or whatever you do.
I shall reiterate what i stated in my previous post and leave the childish internet bickering to you Mr internet "Sledgehammer" LOL
I have seen idiots like you who don't have an answer to questions and end up simply diluting the discussion with unrelated topics!
If you consider yourself tough and someone with credibility, then provide an answer to my previous post. Punk!
Again, you're the one whose hijacked the thread with your verbal mastur*tion.
LMAO@ "if you consider yourself tough" hahaha
so fighting anonymously over the internet in a forum is your test of being "tough" ?
haha.
Go back and do your IT coding or whatever you do.
I shall reiterate what i stated in my previous post and leave the childish internet bickering to you Mr internet "Sledgehammer" LOL
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H4_losing_hope
02-17 07:31 PM
As I have already accepted that my decision of choosing CP was not right during the time of recession. When dates became current, I thought mine will be current in a month or so and CP is a faster process to get green card as 485 filers some time stuck in name chack and all ( as I know couple of friends). So that was the only reason I filed Cp instead of 485.
There is one ideom in Hindi -" Chaube jee chale chhabbe jee banane aur reh gaye dubey jee"
So I am dube jee now.:rolleyes:
Hope you are able to work through this situation tinku01. I sympathize with you. Good luck.
There is one ideom in Hindi -" Chaube jee chale chhabbe jee banane aur reh gaye dubey jee"
So I am dube jee now.:rolleyes:
Hope you are able to work through this situation tinku01. I sympathize with you. Good luck.
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svr_76
03-11 06:31 PM
Nope.
For a consulting company ( unless it is some outsourcing company like Infosys), a company cannot produce the following info for a first time H1B candidate
A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
Consulting companies exists for the reason that clients won't make an offer to the candidate unless he is already in US.
Before starting to blame consulting companies, ask yourself a question.
How many of you got a job offer from a US company ( non-consulting) when you were in India ?
Either you came to US through a consulting company or you were a student in US.
Per your logic if someone tries to stop/end bribing in India, you will question them saying-
Before starting to blame Bribe seeking entities, ask yourself a question.
How many of you bribed an entity to get your work done, or asked for bribe to do the work for someone?
What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc....and then when this size increases they resort to means like not paying enough or providing them company guesthouse and kitchen + some money to buy grocery and few more buck but not the entire salary..... This is all how it started (the mis-use started)....and that is why consulates have imposed stricter checks.
It same with the foreclosure crisis...uptil now Bank gave loans (equivalent to visa) w/o complete and proper documentation..which cause ppl getting loands/home when they cannot afford it... now when this whole mess is identified..they want to implement strict enforcement of not giving No-Document, 0-Zero payment loans etc... and you are suggesting to ask people the same question - Have you received such loans in the past ..if yes then why object now... ?
For a consulting company ( unless it is some outsourcing company like Infosys), a company cannot produce the following info for a first time H1B candidate
A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
Consulting companies exists for the reason that clients won't make an offer to the candidate unless he is already in US.
Before starting to blame consulting companies, ask yourself a question.
How many of you got a job offer from a US company ( non-consulting) when you were in India ?
Either you came to US through a consulting company or you were a student in US.
Per your logic if someone tries to stop/end bribing in India, you will question them saying-
Before starting to blame Bribe seeking entities, ask yourself a question.
How many of you bribed an entity to get your work done, or asked for bribe to do the work for someone?
What you are saying..about consulting companies not having a "job" at hand to offer is the mis-use of the Visa. This is the loop-hole that cause small time shops to jsut bring a lot of people onsite and then start sending resume arranging interviews etc....and then when this size increases they resort to means like not paying enough or providing them company guesthouse and kitchen + some money to buy grocery and few more buck but not the entire salary..... This is all how it started (the mis-use started)....and that is why consulates have imposed stricter checks.
It same with the foreclosure crisis...uptil now Bank gave loans (equivalent to visa) w/o complete and proper documentation..which cause ppl getting loands/home when they cannot afford it... now when this whole mess is identified..they want to implement strict enforcement of not giving No-Document, 0-Zero payment loans etc... and you are suggesting to ask people the same question - Have you received such loans in the past ..if yes then why object now... ?
lutherpraveen
09-19 07:38 PM
Who is a cynic? A man who knows the price of everything, and the value of nothing.
-Oscar Wilde
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
-Oscar Wilde
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
reddy77
07-03 02:25 PM
My Expenses :
Medicals - 600
Shots - 80
Gas - 100 (total of 600 miles)
Attorney - 1300
Affidavits - 30
took my wife to medicals and travelled 150 miles (total of 600 miles) couple of times during her last month of pregnancy - priceless.
Medicals - 600
Shots - 80
Gas - 100 (total of 600 miles)
Attorney - 1300
Affidavits - 30
took my wife to medicals and travelled 150 miles (total of 600 miles) couple of times during her last month of pregnancy - priceless.
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