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  • rahulpatel
    08-14 04:26 PM
    Guys, thanks very much for your kind advices, but I already took the sufficient steps to ensure my H1 safety.
    The only thing I am concerned here, is in regards my money--it being hard earned (it is not smaller amount, but nearly 8K!), and my chances of winning my case with DOL/Courts.
    I already threatened my employer with the DOL/Court claim, but the guy may be over-stupid or over-reckless, he is just not bothering about this issue. So i want to really know what my chances are, on winning it? Because even if a paper asks me to wait for vendor pay, it can never mean months and years long,.... can it????





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  • kriskris
    04-17 12:29 PM
    As you understand there is no magic correct solution to this situation, but, whichever decision you make about which line your mother-in-law stands in, she should be well prepared to document her intention to return to her home abroad after her visit to the US. Documents she should be prepared to show could include: proof of home ownership or long term lease abroad, proof of bank accounts abroad, proof of car ownership abroad, fixed date return ticket, proof of family abroad--husband and/or other children/grandchildren, proof of some specific event she plans to attend abroad such as wedding or other invitations, etc.
    Thanks for your reply. As I understand most people usually don't carry all the documents specified above while entering US. We carry those documents while going for the visa. Do you recommend carrying all those documents which establish ties to the home country while entering USA?





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  • kerstbrd
    07-04 06:16 PM
    I am from Bosnia, so yes I guess it's ROW (rest of the world).
    I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
    I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.

    Thanks for the positive update.





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  • gc_rip
    07-06 12:52 PM
    Thanks Ann,

    This is really helpful.

    To understand it carefully, as long as the new company can provide me a future job offer, when the PD is current the GC can be approved.

    In this case,
    1. Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.

    2. In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
    Could traveling on B1 visa consider it as abandonment of GC process?


    Thanks,
    -Raj



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  • arnet
    10-26 01:51 PM
    our experience:

    they will mail back those.

    my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.

    I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.

    it took 3 days after interview date to get the stamped passport and documents through courier.

    If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.

    I hope they mail it back because that's something I definitely need. I didn't know they will look at my I797. I wish I had known this before my wife went for visa stamping. There's alway a new kink, isn't it :-)





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  • gjoe
    08-20 07:01 PM
    I am opening this thread to bring focus to the real issues at hand and how to channel our energy (frustation) effectively for seeing postive results

    Primary Issue - In my opinion most of us are frustated not because our GC is being delayed. But we are frustated because we have no concrete information/data/stastics to reliably predict when our pending case will be up for review.

    How are we trying to resolve the issue?

    Currently we come here express our ideas on how to get bills passed, discuss solutions to fix the problems, organize campaigns, rallies, send flowers, etc,.

    Why we don't see much success with our current approach?
    Organzing a huge rally is not easy, making 25000 people send letters is not easy, organising 200 people to send flowers is not easy. We are unable to get our message across to the correct authoratives.

    So what can we do?

    As we all know most of call USCIS for status. And also we know USCIS has a limited number of customer service agents.

    I would suggest that we all call USCIS every month 3rd week from mon -friday and just ask for our case status and other things what generally our members ask. We should do this every month 3rd week. The goal is to increase the call volume.
    We can all call DOS starting 10th of every month to check about the visa bulletin until it is published. We can ask them for projections, predictions and all that you can think of with respect to visa bulletin. - The goal is to increase the call volume
    We should be polite during all our phone conversation with the agents.

    What do we get by increasing the call volume?
    All customer support call centers gather information on the type of support calls they receive. They use this information to address issues to reduce the call volume.
    To address the issue USCIS and DOS should try to give out more relevant information in their visa bulletins and also give more information in the case status online.

    What can we do with more information from USCIS and DOS?
    We can plan for our future better, since we have better information.
    IV can focus on real issues when we have the accurate information.
    We will have better information while we ask for reforms in the EB GC system.
    We will have less frustation because we have a clearer idea when to expect our pending case to become active


    Please feel free to comment also participate in the poll



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  • amsgc
    05-29 08:13 PM
    The highlighted statement doesn't seem to be correct. You can have more than one employer file an H-1B petiton for you.
    Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
    Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.

    Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?

    Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.


    Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.

    USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval

    This is not a legal advise. Please get in touch with a immigration attorney.





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  • gk_2000
    11-02 07:58 PM
    gali gali mein phirta hei
    tu kyu banke banjara

    aa mere dil mein bas ja
    mere nagrik awara



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  • krishna.ahd
    02-08 11:12 AM
    Thanks for your responses

    I will check for Singapour Airlines deals.

    Mean while I sent email to German Consulate in Atlanta, their reply was that if you have AP you dont need transit visa.

    Also as I understand AMSTREDAM does not require transit visa? is it true?
    Do you have any tentative dates for travelling ?? How flexible the dates are ??

    BTW - i am not an travel agent nor related to any travel agency





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  • insbaby
    07-17 08:02 AM
    Hello freinds :

    I would appreciate if anyone can guide me through the situation I am in. I have been working for a company for past 4yrs. After the July bulletin was released on June 15, my employer has stopped responding to my emails, voicemails and registered mails by normal post. When I try to reach him on the telephone his voicemail message says that he is travelling and not to leave any voicemail messages but to email him and he will respond when he gets a chance. When I email him I get an out of office response. There are two other people working in the same company. I sent emails to these people and also left voicemail messages but they are also not responding.

    This has put me in a very difficult situation as I dont know what is the status of my H1B application which expired recently. They were supposed to extend it. They are also not telling me the status of I140 application. My labor PD is June 2004. I would like to file the I485 application if USCIS reverses their decision.


    Has anyone been throught the same or similar situation ?


    This is my third employer and third GC attempt in the 11yrs I have been in this country.

    Buddy, I am sorry for your situatiuon. It looks like you thought everything is employer's responsibility. They don't move even a small piece for you unless you follow up in time.

    You said, your H1B expired recently (!!!!). You must have known that the H1B petition can be filed for extension 180 days before. Also, you must have read that how much time each procession center takes for this extension of H1B (min 6 months). In such case, did you ask the employer to extend the H1B in FEBRUARY? If they have applied, then they should have got an "Recepit Notice", which makes your stay VALID. If they have received something else, they should have let you know, because "IT CREATES BIG PROBLEM FOR THEM TO KEEP SOMEONE with H1B EXPIRED". So, it looks like, your petition went ok and your are now SAFE.

    If you have given pressure to your employer the day before the H1B expires, (sorry to say this) it is your problem, not theirs. Their job is not looking at your expiration of H1B, it is your. This often happens in small companies, big companies usually have HRD, who takes care of this issues in time.

    On I-140 approval: If I assume your company is fairly small, then you can not avoid interacting with the lawer while filing such things. (Usually there is not anyone doing this job, but you do, sending documents, confirmations to lawer). In such case, CALL THE LAWER for the status or your petition reference number to check online.

    It is very uncommon a lawer is instructed by the company not to provide information, it makes the small companies life easy if you deal directly with the lawer.

    So there are ways to solve the problem in time without bugging the Employer with no ears. Move fast and file your 485 before end of july !!!!! :cool:



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  • gcformeornot
    12-31 12:54 PM
    vote





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  • trig1
    01-15 03:14 PM
    Are ovals allowed? I can probably guess the answer to this, but just wanted to double check before I made my entry.



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  • gc4me
    04-23 10:16 AM
    Is this true?
    I-140 belongs to your employer and so USCIS only sends to your employer/attorney. For me, they sent it to my employer/attorney.

    If your 140 is filed under premium. Just relax and have fun with your family. You will get approved 140 at your home in a week. Good part of the story is, I-140, USCIS sends to your home not to lawyer. :)





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  • vxg
    06-25 12:34 PM
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  • vnsriv
    09-28 09:41 AM
    1. My EAD application status at USCIS website got changed to,

    Current Status: Approval notice sent.

    this morning. My heartfelt thanks to ImmigrationVoice activists for this.

    My spouse's EAD application status still shows as,

    Current Status: Case received and pending.

    In my case, my spouse's application is the derivative application of mine. Any incidence of spouse's EAD case getting stuck while the primary's application going through?

    2. Also, Is EAD approval anyway related/tied to I-485 Application? In that case, it is understandable for my spouse not to see her status changed. Because, her I-485 Applications status is shown as,

    Current Status: Fingerprint fee rejected and notice mailed; case in suspense.

    though we both have already finished our finger printing. Our attorney says, its USCIS's mistake and he has already sent $70(once again) towards her fingerprinting fees to be on the safer side.

    Any information would be helpful.

    Thanks,

    You asked a question
    1)
    Any incidence of spouse's EAD case getting stuck while the primary's application going through?
    So it means the people who visited don't have an answer for this or they are not aware of any such incident. Eventually someone will respond to your query

    2) You send this query yesterday only 7 pm EST. So be patient

    All the best !





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  • AmericanInSpain
    04-08 11:46 AM
    I have a similar situation and I want to hear more about working remotely using a non-work resident visa...

    - I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.

    - I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.

    - My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.

    My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!

    I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!

    Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.

    About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.



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  • vijse
    12-16 11:58 AM
    I got it correct yesterday .
    Thanks for the advice.





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  • coolpal
    06-30 12:58 PM
    so far, I have heard about at least 30 cases over the internet including one personal case (my wife's) and all of the cancelled appointments seem to be either on 7th, 8th or 9th july. (My wife had it on 8th and got a cancellation notice with the same date which was delivered yesterday...)

    From forums, it appears that, a few of them already got their rescheduled notices, and some got the new date after calling... either way, I guess the above info seems to be true..... worst case scenario, if you don't get rescheduled notices (or dates by calling) by your appointment date, just go to the ASC. I know it's a pain... but I just don't want to give them a chance at denying and don't want to go thru all that hassle...

    pal :)





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  • Berkeleybee
    02-05 02:30 PM
    All,

    Just wanted to say, if you think everything is going to be fine cos PACE has 30 democrat and 30 republican supporters, think again. The right wing has already mobilized its talking heads, look for more stories that discredit the basic premises of PACE and the American Competitiveness Initiative.

    This from David Brooks, Op Ed columnist at the NYT, on Feb 2, 2006.


    Copyright 2006 The New York Times Company
    The New York Times

    February 2, 2006 Thursday
    Late Edition - Final


    HEADLINE: The Nation of the Future

    BYLINE: By DAVID BROOKS

    BODY:


    Everywhere I go people tell me China and India are going to blow by us in the coming decades. They've got the hunger. They've got the people. They've got the future. We're a tired old power, destined to fade back to the second tier of nations, like Britain did in the 20th century.

    This sentiment is everywhere -- except in the evidence. The facts and figures tell a different story.

    Has the United States lost its vitality? No. Americans remain the hardest working people on the face of the earth and the most productive. As William W. Lewis, the founding director of the McKinsey Global Institute, wrote, ''The United States is the productivity leader in virtually every industry.'' And productivity rates are surging faster now than they did even in the 1990's.

    Has the United States stopped investing in the future? No. The U.S. accounts for roughly 40 percent of the world's R. & D. spending. More money was invested in research and development in this country than in the other G-7 nations combined.

    Is the United States becoming a less important player in the world economy? Not yet. In 1971, the U.S. economy accounted for 30.52 percent of the world's G.D.P. Since then, we've seen the rise of Japan, China, India and the Asian tigers. The U.S. now accounts for 30.74 percent of world G.D.P., a slightly higher figure.

    What about the shortage of scientists and engineers? Vastly overblown. According to Duke School of Engineering researchers, the U.S. produces more engineers per capita than China or India. According to The Wall Street Journal, firms with engineering openings find themselves flooded with resumes. Unemployment rates for scientists and engineers are no lower than for other professions, and in some specialties, such as electrical engineering, they are notably higher.

    Michael Teitelbaum of the Alfred P. Sloan Foundation told The Wall Street Journal last November, ''No one I know who has looked at the data with an open mind has been able to find any sign of a current shortage.'' The G.A.O., the RAND Corporation and many other researchers have picked apart the quickie studies that warn of a science and engineering gap. ''We did not find evidence that such shortages have existed at least since 1990, nor that they are on the horizon,'' the RAND report concluded.

    What about America's lamentable education system? Well, it's true we do a mediocre job of educating people from age 0 to 18, even though we spend by far more per pupil than any other nation on earth. But we do an outstanding job of training people from ages 18 to 65.

    At least 22 out of the top 30 universities in the world are American. More foreign students come to American universities now than before 9/11.

    More important, the American workplace is so competitive, companies are compelled to promote lifelong learning. A U.N. report this year ranked the U.S. third in the world in ease of doing business, after New Zealand and Singapore. The U.S. has the second most competitive economy on earth, after Finland, according the latest Global Competitiveness Report. As Michael Porter of Harvard told The National Journal, ''The U.S. is second to none in terms of innovation and an innovative environment.''

    What about partisan gridlock and our dysfunctional political system? Well, entitlement debt remains the biggest threat to the country's well-being, but in one area vital to the country's future posterity, we have reached a beneficent consensus. American liberals have given up on industrial policy, and American conservatives now embrace an aggressive federal role for basic research.

    Ford and G.M. totter and almost nobody suggests using public money to prop them up. On the other hand, President Bush, reputed to be hostile to science, has increased the federal scientific research budget by 50 percent since taking office, to $137 billion annually. Senators Lamar Alexander and Jeff Bingaman have proposed excellent legislation that would double the R. & D. tax credit and create a Darpa-style lab in the Department of Energy, devoting $9 billion for scientific research and education. That bill has 60 co-sponsors, 30 Democrats and 30 Republicans.

    Recent polling suggests that people in Afghanistan and Iraq are more optimistic about their nations' futures than people in the United States. That's just crazy, even given our problems with health care, growing inequality and such. America's problem over the next 50 years will not be wrestling with decline. It will be helping the frustrated individuals and nations left so far behind.





    nagesh75
    07-06 04:40 PM
    I am currently working on using EAD. I went to India for a visit and came back to US on 7/7/08 using AP. On the form I-94 they mentioned my status as �Paroled� till 7/7/2009.
    Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
    I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.





    bskrishna
    06-09 11:49 AM
    Thanks a lot for the VISA issue....

    Cant i travel via Germany to India with stolen visa issue ?

    Your travel agent should know if he/she is experienced about transit visa. Amsterdam does not need a transit visa (even with an invalid US visa). Not sure about Frankfurt.
    You will need one for sure if you travel via UK. I had some friends who had to go through a lot of difficulty for going back on a B1 visa to India via Heathrow



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