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Tuesday, June 14, 2011

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  • Waitingnvain
    02-08 10:01 AM
    I will be in transit through Amsterdam, do I need a transit visa and are there any problems with travelling on Advance Parole.

    Thanks





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  • humdesi
    12-13 09:35 AM
    This is the United States. They have rules here (except immigration). If they don't pay you, complain to DOL wage and hour division, and watch the fun..

    Thanks franklin,


    My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.

    Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...


    I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..


    btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.





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  • casinoroyale
    09-04 03:23 PM
    Sorry for a kind of lame question. I have H1B visa appt on Sep 22nd in Canada, if I get the visa, I have to pickup the passport nextday 3pm and fly that evening, but If I get 221g I would like to take the passport back in the interview and return back on the same day using AP.

    Given this situation, what is the best way to book the flight? I am not going by road.





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  • jediknight
    10-23 12:57 PM
    I am surprised that this was not the law before but considering the current Immigration laws, I should not have been :-(



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  • lost_in_gc_land
    01-31 01:18 PM
    lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!

    Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?





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  • admin
    02-09 10:32 PM
    Everyone, I am working on a way to customize the WebFax. I should be able to complete it over the weekend.



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  • priderock
    07-11 04:55 PM
    Expecting help from Cheney ?:confused:





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  • vin13
    05-21 04:43 PM
    Aha! He may have tricked you. He could have said you will get your GC by July. But did not mention the year.:D



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  • maheshf
    07-31 12:10 PM
    FYI: Last year, my wife (Dependent) got her EAD before mine was approved. Like i said, if u start looking for trends (and something that makes sense) the way USCIS works, u will most likely be disappointed.

    They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.


    You are right...It's random..just received �Card Production� notification for my wife as well..





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  • WeShallOvercome
    07-26 12:29 PM
    I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.

    1) Is it safe to change one's residence(different state) ?

    2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.

    Thanks


    It is advisable not to move until you get fingerprinting notice.

    The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.



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  • njboy
    07-26 11:18 AM
    last i heard, ins was planning to introduce a rule saying - if i140 is not filed within 45 days of labor approval, it was going to be voided. Many people opposed this idea..but at the same time, it had its benefits because, people file labor and then sell it many years later. this rule was meant to prevent these kind of shady substitutions.





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  • JunRN
    09-25 10:44 AM
    Good find! Do we get to send this to Congress and to USCIS? I think they should get a copy.



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  • chanduv23
    06-16 07:53 AM
    Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...

    when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)

    so what is pre adjucted.......:rolleyes:

    I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"





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  • Legal
    07-16 08:39 AM
    I am not sure how important the processing dates update, If you look in , there are many approvals whose processing dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?

    It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.



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  • katakamk
    07-11 03:00 PM
    Yes, USCIS can raise RFE ability to pay even in I-485 stage.





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  • add78
    05-30 09:54 AM
    1. If you are still with university and the H1 is valid, you are not out of status.
    2. If you are out of university and if company A's H1 is valid, you can start work with company A.

    If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status

    If you are out of university and company A's H1 is not valid, you are out of stats.

    Please check with attorney asap.
    What Snathan said above is absolutely 100% correct.
    However as someone else said about stamping and getting over the out of status period issues is not correct, if at any point you were out of status (no salary or no valid i-94 (white card or the 797)), it may come back to haunt you during GC process.
    Without getting into the risk/debate of whether you were counted for cap when "A" filed for your H1, in order to file with another employer "C", it is advisable to work for "A" if they have a valid H1 filed for you and if you have just left the University employer without any delay and consult with an attorney to remedy the out of status issue for the period since you left the Univ. employer. And as always, if you think you were helped by the senior members here, please consider helping IV by donating to your own cause as soon as you get a project / back on track. Thank You.



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  • prom2
    07-22 12:03 AM
    You are saying as if one has a choice.
    If you file before August 17 then you have to pay the old fee. If you apply after August 17....

    This is correct





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  • tapukakababa
    05-24 01:45 PM
    Why can't every Indian residing in US come together and make a pledge to not work even for one day throughout the US. Then they will know how much they need us and how big impact they will have on their economy.

    We just talk and do nothing. Everyone cares about himself. Nobody has made ever an effort to stand united as an Indian community and show this country that without us they can't even step outside of their houses.

    Do something drastic instead of just talking big words. And people on higher position should initiate this and if they can't tell us that they can't handle it all.





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  • cox
    February 5th, 2008, 12:21 AM
    ...[look for big scratches, scrapes and worn off paint on the corners], it should be fine to buy a used one...

    Hey, I didn't know you've seen my cameras, Mats! ;) GEEVER, Mats advice is right on. Both Canon and Nikon have excellent reliability, and there are only a couple of moving parts on a digital SLR. If it takes a picture when you look at it, it will probably be just fine.

    In both Canon and Nikon, you have a fine selection of great lenses for the future. If you buy an old camera body now, like a Canon 300D, D60, 10D, etc. or the Nikon equivalents, you can spend more money on good lenses, and then upgrade camera bodies later. You don't get your money back reselling these cameras (though you save a lot compared to developing film!), and the older 6 mega-pixel cameras are just fine for printing 8x10s for your wall. It's not a bad strategy to get "into photography" if you're on a budget.





    chtting2me
    01-02 07:32 PM
    Still waiting for FP. Filled on 19th July @TSC





    MrWaitingGC
    07-04 10:17 PM
    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.


    In General there is a big need of Talents in US, so If you go now I dont think they will dig details in your case. According to my recent study (As I went for stamping in April)they are just checking W2s or recent Pay stubs. So you should be fine.

    Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
    Good Luck.



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