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  • mrsr
    02-20 11:13 AM
    InterFiling Help please gurus...





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  • PD_Dec2002
    07-06 12:52 PM
    ?????????

    Yeah, my bad. Thanks to other posters for correcting this.

    Thanks,
    Jayant





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  • GCfast
    09-08 12:44 PM
    Tried it. works quite well..thanks





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  • nareshdin
    04-08 02:52 PM
    Hi,

    Have you hear anything from USCIS after you sent your FedEx reciepts?

    I am also in the similar kind of situation.

    I had applied for H1 extension in month of Jan 2009, and got RFE in the month of Feb,
    later my employer sent the required documents asked by USCIS.
    On Apr 3, H1 B extension status has been changed to "Denial Notification Sent",
    and yet to know the reason for Denial.
    My present H1 is valid till mid of next month. Now my employer is re applying for new extension as my I-94 valid for another one month. Can any one suggest if you see any risk if same employer re applies for extension again? If so let me know any other options.

    Thanks..



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  • martinvisalaw
    06-16 01:01 PM
    Thank you Ms. Martin for your replies, it has been very helpful. As a follow up to hiralal's post, I have a question regarding H-1 status, totally unrelated to the original poster.

    If one has a valid H-1, already extended beyond 6 years and is valid till 2011, has a pending I-485: what happens when that I-485 is denied? Is the H-1 status lost immdeiately as is the EAD/AP situation?

    Your H-1B should not be revoked just because the 485 is denied. You should be able to continue in H-1B status until it expires. However, you would not be eligible for extensions since you would be over the 6 year maximum.





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  • GCard_Dream
    06-18 06:15 PM
    Just so you know, EB3-ROW has the exact same issue as the EB3-India; they are both unavailable. Is that not a problem? Don't take my word for it, just look at the recent visa bulletins.

    Having said that, if you don't know what all the problems are with different preference categories for ROW or non-ROW then may be you need to spend some time educating yourself before making statements suggesting that ROW does't need any relief or only Indians are suffering through the EB mess.

    My intent is not to divide IV. I was just highlighting EB non-ROW.

    Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?

    Please enlighten me.



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  • appusheth
    03-19 12:21 PM
    No. The check was with the new fee but dated 2005. As per law, checks dated older than 6 months are VOID.





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  • lunar
    07-21 08:38 AM
    Normally my wife is the one who is used to post or follow up on the latest here.

    This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

    Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

    Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

    Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

    One other point the fragomen lawyer said is - this is going to be the case for all thier clients.



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  • lotsofspace
    02-14 12:54 AM
    Find yourself chocked up with G.C delay ? find your voice here.
    - Immigration voice





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  • backtoschool
    01-08 04:36 PM
    [QUOTE=mharik]Hi ,

    Can you use portability(i.e, I-140 approved and I-485 pending more than 6 months) for studies in USA or outside US????


    ANYONE????



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  • dipu76
    06-01 05:53 PM
    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.





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  • martinvisalaw
    06-16 01:01 PM
    Thank you Ms. Martin for your replies, it has been very helpful. As a follow up to hiralal's post, I have a question regarding H-1 status, totally unrelated to the original poster.

    If one has a valid H-1, already extended beyond 6 years and is valid till 2011, has a pending I-485: what happens when that I-485 is denied? Is the H-1 status lost immdeiately as is the EAD/AP situation?

    Your H-1B should not be revoked just because the 485 is denied. You should be able to continue in H-1B status until it expires. However, you would not be eligible for extensions since you would be over the 6 year maximum.



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  • ravi98
    03-18 10:45 AM
    3 days of active work or countless years of waiting....

    you have vacation time, use it to get your green card faster.....

    you have money, donate to the advocacy fund, or sponsor a friend.....

    you are curious, but not sure what to do, decide now - time is running out.......

    you have no idea what the advocacy is all about, ask a question here.....

    Work to get the change you want instead of reacting to adverse immigration laws that affect you.....

    Be pro-active rather than re-active.





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  • Chicago Desi
    04-13 01:02 PM
    All visa stamping is now done outside US. As long as you dont travel outside of USA, you can stay legally till the date mentioned on your I-94 attached on I797. But, if your H1 extension is subjected to your visa interview in Islamabad, you have to go to interview.

    I dont know what DWI is, but whatever it is, do not hide it on your visa application. AFAIK, traffic violations are not criminal offences, but I might be wrong.

    You better have criminal record strighten out with DHS ASAP, one wrong info and it will become a huge problem.

    Good luck.



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  • gcphul
    12-14 09:37 AM
    Munnabhai,

    I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.





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  • wandmaker
    02-16 12:58 PM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David

    For Q1, Please call 1-866-487-2365
    For Q2, Please call 1-800-375-5283



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  • waitin_toolong
    07-30 01:31 PM
    Congratulations,

    dependent getting the approval before primary happens, and the good news about that is that you will be approved as well. Sometimes the people who are supposed to update the system and issue notices dont get to all the applications at one time. or maybe they forget to commit the transaction :)

    To those wondering about how he was able to file should browse through archives of bulletins to note that his PD was current at a particular time. and current in July hence approval.

    Lets not get upset over the good luck of others. Sometimes it is so hard to be happy for others when our own conditions seem a little gloomy.





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  • Marphad
    03-27 10:34 AM
    Yes, you should be.

    Thanks. I am still waiting for lawyers to reply on the forum.





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  • vandanaverdia
    09-11 11:59 AM
    Guys, there is a fund drive for 30k in 8 days, please help us to achieve the goal and contribute. 18k more to go.
    Help IV help you...
    Come to DC....





    Blog Feeds
    07-08 11:30 AM
    AILA Leadership Has Just Posted the Following:


    While the 1986 Immigration Reform and Control Act (�IRCA�) prohibits employers from knowingly hiring or continuing to employ unauthorized workers, the Obama Administration�s decision to vigorously enforce employer sanction laws against employers, before providing a path to U.S. employers to legalize critical essential workers, is plain bad policy. �Immigration officers are investigating workplaces in every state in the US to check whether they are hiring illegal workers.� ICE launches workplace immigration crackdown (http://www.google.com/hostednews/ap/article/ALeqM5h_EhhmjIcqAzvJainjWnJTLRylXQD995P1T80)

    We are in the midst of the �Great Recession� and U.S. industry is struggling to remain competitive. President Barack Obama�s strategy puts U.S. employers and industry between a rock and a hard place. While the law requires U.S. employers to verify, through a specific process, the identity and work authorization eligibility of all individuals, whether U.S. citizens or otherwise, it is practically impossible to obtain legal status for employers who discover undocumented workers in their workforce � even if they have been employed for decades. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html).

    The diligent employer questioning the veracity of employment eligibility documents can face discrimination charges and vigorous enforcement by the U.S. Department of Justice, if for example, they check only Latino workers, or subject certain classes or worker to extra scrutiny. The U.S. Department of Justice Office of Special Counsel enforces the antidiscrimination provisions that protect most work-authorized persons from intentional employment discrimination based upon citizenship or immigration status, national origin, and unfair documentary practices relating to the employment eligibility verification process. The law prohibits retaliation against individuals who file charges and who cooperate with an investigation. Office of Special Counsel for Immigration-Related Unfair ... (http://www.usdoj.gov/crt/osc/)

    No one knows how many of the 6,000,000 U.S. employers, as well as household employers, are familiar with, and in full compliance with the complex U.S. immigration law. Many employers are surprised when told the law requires ALL employers to complete an Employment Verification Form I-9 for any new employee hired after November 6, 1986, or face huge civil fines, and possible jail sentences. The I-9 Employee Verification form must be completed within three days of hire for all hires including U.S. citizens.

    Vigorously enforcing this law without providing employers any way to keep essential workers puts employers struggling to make ends meet with the possibility of receiving huge fines, and even prison sentences if they "knowing continuing to hire five or more workers." Actual knowledge of the undocumented worker's status isn't always required, and "constructive knowledge" will suffice where the employer "should have known" of the worker's status. For example, if the employer tries to sponsor an undocumented worker for immigration benefits, the employer is presumed to know of the workers lack of immigration status. The Department of Homeland Security, through its enforcement division, Immigration and Customs Enforcements (ICE) has undertaken a massive new enforcement effort directed at employers large and small. More than 650 US businesses to have employee work files audited (http://latimesblogs.latimes.com/lanow/2009/07/more-than-650-businesses-nationwide-to-have-employee-work-files-inspected.html) Los Angeles Times - ?Jul 1, 2009.?

    The focus on audit enforcement is clearly evidenced by the rising number of worksite audits, increased heavy civil penalties and likely continuing criminal prosecutions resulting from worksite violations. Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home) New York Times - ?Jul 1, 2009? �The Obama administration began investigations of hundreds of businesses on Wednesday as part of its strategy to focus immigration.�


    While employers need to be extremely cautious and take steps to ensure that their employee verification papers are in order, the government needs to fix the immigration mess BEFORE pursuing this new aggressive policy of conducting ICE AUDIT "RAIDS�. Employers should be given an opportunity to pursue a legal path for essential workers before the Immigration and Customs Enforcement officers come �knocking at the door.�
    http://www.latimes.com/news/local/la-me-immigemploy2-2009jul02,0,7434438.story (http://www.latimes.com/news/local/la-me-immigemploy2-2009jul02,0,7434438.story) Los Angeles Times: L.A. employers face immigration audits.

    Many employers are caught in a Catch-22 when it comes to employee verification. �If you�re in the roofing business, if you�re in the concrete business, you don�t have American-born workers showing up at your door ... you have Hispanic workers showing up at your door, and they have what looks to be a legitimate Social Security card ... under our current law, if they have a card that looks legitimate and you don�t hire them because you suspect they are illegal, then you are guilty of discrimination and could be investigated by the U.S. Equal Employment Opportunity Commission that�s the current system and it�s broken." Said Norman Adams, co-founder of Texans for Sensible Immigration Policy to the Houston Chronicle: Immigration crackdown goes after employers. http://www.chron.com/disp/story.mpl/special/immigration/6506722.html (http://www.chron.com/disp/story.mpl/special/immigration/6506722.html)

    Vigorously enforcing these laws without providing an option to employers is plain bad policy and it could make our economic situation worse. My experience with the employer verification law is most employers are simply not familiar with all aspects of the complex immigration laws. Most employers don't know that if they question a legal worker�s documents, the U.S. Department of Justice (U.S.D.O.J.) may charge them with discrimination. The adverse impact on the economy and on the housing market could be serious. The substantial economic contribution of hard working immigrants is clear. Economic contributions of immigrants come in many forms in California. (http://topics.sacbee.com/California/) The California Immigrant Policy Center (http://topics.sacbee.com/California+Immigrant+Policy+Center/) estimates that the state's immigrants pay $30 billion in federal taxes, $5.2 billion in state income taxes, (http://topics.sacbee.com/state+income+taxes/) and $4.6 billion in sales taxes (http://topics.sacbee.com/sales+taxes/) each year. The Selig Center for Economic Growth (http://topics.sacbee.com/Selig+Center+for+Economic+Growth/) calculates that the purchasing power of Latino and Asian consumers in California (http://topics.sacbee.com/California/) totaled $412 billion in 2008 � nearly one-third of the state's total purchasing power. The U.S. Census Bureau (http://topics.sacbee.com/U.S.+Census+Bureau/) found that California (http://topics.sacbee.com/California/) businesses owned by Latinos and Asians constituted more than one-quarter of all businesses in the state as of 2002, employing 1.2 million people and generating sales and receipts of $183 billion. Where would our economy be without these immigrants? http://www.sacbee.com/opinion/story/1981220.html (http://www.sacbee.com/opinion/story/1981220.html) Sacramento Bee: Immigrants are not a fiscal drain.

    Comprehensive immigration reform requires a path to legal status for the undocumented and an orderly system for future worker flows to allow U.S. industry to innovate and compete globally. It will require a complete overhaul of the government agencies that now mismanage a slew of immigration programs that could and should be the rejuvenating lifeblood of our nation. http://www.nytimes.com/2009/06/30/opinion/lweb30dream.html (http://www.nytimes.com/2009/06/30/opinion/lweb30dream.html) New York Times: Opening a Door to Young Immigrants.

    The American Immigration Lawyers Association (AILA) understands the issues from a deep perspective, not merely from an emotional view. We believe that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers to enable employers to legalize critically needed workers in agriculture, construction, and to provide future flows in certain areas including scientific fields, where as many as two thirds of our advanced degreed graduates are international students. We must also provide due process protections and restore the rule of law in immigration adjudications, and in our immigration courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372).https://blogger.googleusercontent.com/tracker/186823568153827945-4886898674742904565?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html)





    satishku_2000
    10-05 06:49 PM
    Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...