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  • eyeopeners05@yahoo.com
    04-30 01:19 PM
    July 2nd 2007 485 filer. EB3 - July 2003 PD
    Received EAD and AP in September 2007.
    H1 of current employer valid till 2010
    Married in November 2007 and wife in USA in Dec 2007 on H4 .
    180 days after 485 filing completed in Dec 2007.

    I heard that I cannot use my EAD now to switch jobs as my wife will be out of status since she is not on my green card file yet(dates have to be current to add her).

    Now, I have a new job offer. Can I use AC 21 and have the new employer file a new h1 and h4 and do a job change ?

    Can anyone let me know if I will have any problems either with my green card or with my wife's status in the USA after the change filing a new h1 and h4?





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  • ras
    08-01 10:37 AM
    one of the stories posted on the thread about lawyer negligence.

    [B]Hi ,

    One of my cousin was working for a consultant firm from 5.5years and their company lawyer filed his labor in 2005.Whenever he called his lawyer for status checking,lawyer always replied that his case is pending.When he checked his case status online last week,he came to know that his case was closed.Reason was lawyer did not respond to notices from uscis in october and november 2006.And whenver my cousin emailed his lawyer, lawyer always responded only over phone and not by emails.So can anyone suggest,as to how to go about this case?Does he need to sue his employer or lawyer for misleading?Is this the master trick of employer or lawyer?And now no option for substituted labor too!Can his case be reopened again or will he have to file his labor again?





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  • GCapplicant
    07-18 10:12 AM
    I agree-If USCIS wanted to reject atleast we would have heard some cases by now.
    Even if they have done so after July 2 we will hear soon within a week from now on atleast.
    If it have happened we still will have time to refile till Aug 17.
    So hopefull there shouldnt be any problem.cross the fingers so we can be safe.
    we dont have the medical paper or the original I140 to refile.We will wait and see.





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  • gparr
    June 25th, 2006, 03:50 PM
    (No, I don't streak, it's from the fluid. Oh, I guess y'all figured that out. :) )

    Show of hands. How many would pay to see Fred streak while pushing his baby buggy full of gear?



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  • MrWaitingGC
    12-13 12:51 PM
    All that matters for the french is your stamping, if your passport stamping is valid(even if you are not on that visa anymore), you dont need. If your stamping expired, you need a transit visa, and you need to go in person for the french transit visa, which is not needed for german and british transit visa.


    Recently my parents went back to India via Fankfurt in Lufthansa.
    There they asked is your visa expired if so you should have transit visa.
    Since my parents had valid visa it was ok.





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  • reedandbamboo
    08-29 12:54 PM
    volunteer as a writer.



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  • niklshah
    08-07 09:53 AM
    you made my day.....it was so funny





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  • logiclife
    03-28 06:26 PM
    I read dailykos.com, a liberal blog site, often. Recently, there has been a spate of postings there that are anti H-1B and anti high tech immigration. One example, from today, is: http://www.dailykos.com/story/2007/3/28/82450/4208. I have been posting comments as cacophonix.

    dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.

    I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.

    I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.

    You have indeed done an amazing job in totally making that diary hopeless.

    Kudos to you for doing that and many thanks for defending this community on that site.



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  • ronhira
    09-16 08:09 AM
    I had to go through secondary inspection which took about 20 minutes at JFK.IO only verified and stamped AP. No other documents were requested. To be on safe side, I carried Pay Stubs, Education Documents and Office Identification card.

    thanks urpal..... i'm juggling between possible approval of aos, pending ap application, planned trip outside the country and ac21.... u'r notes r helpful for me.....





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  • rahulpaper
    06-19 06:15 PM
    I just came back from doc..and he charged 400 dollars (xray will cost more in next few days. Anyways, he says he need to administer Tetnus 3 times (6 months apart).
    I am not sure what he will say in report (which i get in couple of days). But my question to you all is :

    When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?

    Please Reply



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  • thomachan72
    03-28 03:11 PM
    A small amendment for this bill could make everyone including high skilled and low skilled happy.

    Have arrived here at the age of 75 or under;
    Delete the section Serve in the military or attend college for at least two years

    Humor sense sometimes becomes sore if used in the wrond place my friend. If you feel the opinion was irrational pls state your arguement against it rather than posting a mocking comment.





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  • gc28262
    07-30 07:07 AM
    Success Story: Showing a Valid Employer-Employee Relationship (http://shusterman.com/newsletterusimmigrationaugust2010.html#5)

    As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
    The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."

    The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.

    We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.

    Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).

    Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:

    "Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
    and
    "On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
    We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.

    This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.

    In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.



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  • bheemi123
    09-12 03:36 PM
    my case was sent to TX office on 6/29 for 7/2 delivery and i checked online the receipt date was 7/31. dont know why. should be 7/2
    but i got FP notice on 9/10 for appt dt = 9/25
    hope this helps.

    online recipt date will show as 7/31 but that is not recipt date..u should be able to 7/2 in the acutal original notice..same thing happened to me..so dont worry





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  • nchendica
    06-27 07:32 PM
    Good house keeping. Keep it up.

    Hopefully there wont be any answer for you guys. People are waiting in line for years and you guys cut short with sub labor. Good keep it up.



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  • Madan Ahluwalia
    02-23 02:39 PM
    Your wife can not extend her H1b.

    If both of you have EAD/AP, you should use that to continue working.

    Otherwise, you can extend your H1b and continue working. She can not.

    If your new H1b is already approved (don't understand why you are not using your EAD and keeping H1b open), and you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.





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  • masterji
    07-03 07:16 PM
    If you lived more than 6 months outside of India, you can choose any consulate.
    Disclaimer: Not a legal advice
    If you are a resident of Karnataka, TN, AP or Kerala, you need to schedule an appointment with Chennai consulate. With regards to PIMS, I guess consulates wll ask for this info. well in advance once you schedule the appointment. I got my VISA stamped from Chennai cosnulate during my visit in Feb and received my passport in 3 days. My wife who is in India now got her VISA stamped last month and the stamped passport was returned in 2 days. I don't think you need to worry too much about PIMS since the system is more streamlined now.

    -MN



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  • lost_in_gc_land
    01-31 12:59 PM
    I got an email from DOS (TRTClearanceResponses@state.gov) as follows:

    Dear XXX

    We can now conclude your application for a nonimmigrant visa. Please mail the following items to the Non-Immigrant Visa Unit, 360 University Avenue , Toronto , ON M5G 1S4 or appear with them in person at 225 Simcoe St. at your earliest convenience within sixty (60) days of this notice, Monday through Thursday between the hours of 9 AM and 11 AM , excluding U.S. and Canadian holidays. No new appointment is necessary. Please mail or bring:

    o This request.

    o The notice of suspension TRT/NIV-13(A) received at your interview.

    o Your passport (must be valid for at least 6 months from today�s date).

    o All documents that you submitted with your original application (e.g. I-797, I-20, DS-1029, etc.).

    o A self-addressed, prepaid Canada Express Post mailer.

    o USD or Mastercard/Visa credit card to pay any visa reciprocity fee noted at http://travel.state.gov/visa/reciprocity/index.htm.

    o NO electronic items, food or liquids.

    It may take an additional workweek to prepare your visa after you appear here or these items reach us by mail. Please understand that U.S. law makes the applicant, and not the U.S. government, solely responsible for qualifying for a visa in time to suit his/her needs. We can offer no prior assurance of eligibility to any applicant for any reason at any time.

    Should I contact US Consulate in Toronto for confirmation before go to Toronto for my visa interview?

    Thanks!


    Hi I am stuck in 221(g) since mid-November 2007..over 75 days..can you provide some details about your case?
    Mine is H1B 3 extension for 7th year at Mumbai. I am not getting any help in this matter from the authorities that my lawyer has contacted...only the standard response that it they are awaiting a response.

    If you like you can send me a private message. Thank you very much in advance for your feedback.





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  • jliechty
    November 17th, 2004, 02:55 PM
    My first advice would be to bump up the ISO for indoor shots, so the shutter speed will be faster and you will be able to avoid blurred movement. In full auto mode, cameras may not increase the ISO above some unreasonably low number, like 400. Try going to a mode that lets you pick the ISO (program?) and set it to 1600 (with a DSLR the noise will be much less than 1600 ISO film grain, so don't be afraid to experiment).

    Not knowing about the automatic metering systems on modern cameras, I'm not able to analyze what might be throwing off the meter to cause it to underexpose, so I'll leave that up to our resident DSLR gurus. ;)





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  • cchaitu
    11-06 02:59 PM
    All Guru's

    My situation is little different,

    I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
    But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.

    I have only 2 options:

    1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK

    2) Do not take the Company B offer (but this is very good offer)

    Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance





    paskal
    06-13 02:49 PM
    Americans want immigrants like yourself who follow the rules and contribute to American society; it is our valued tradition. What we don't want is illegals walking all over our laws. The illegals hurt lawfull immigrants. I married an immigrant who followed the rules, she's very bitter over the way this country is pandering to the Hispanic Reconquista crowd. Americans don't want the amnesty, but the government is pushing for it. Legal immigrants and applicants, IMO, should stand up and be heard to fight anmesty as well.



    we simply lack the power to fight that battle....
    as it is we can barely get anyone to understand our problems, if on top of that half the lawmakers dissmiss us for being against their agenda, where would we be?
    in a ballott here, you would not find too mnay here that supports an amnesty i suspect.





    Hong12
    02-06 01:58 PM
    Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
    I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

    Form DS 156
    - Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
    - Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
    - Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
    - Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
    - Question 29 (Have you ever been in US?):
    For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
    Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

    DS 157
    - Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

    Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

    Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.



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