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Friday, July 1, 2011

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  • Paisano
    05-01 08:58 PM
    1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.

    2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).

    3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.

    4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.

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  • nybear1
    07-20 09:23 AM
    I am in a similar situation and was rejected due to the same reasons.

    Has the original poster received any update on their E-file yet?

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  • tdasara
    03-19 08:34 PM
    Instead of pay increase, I decided to buy stock in the company I work for (small startup firm) and I work using my EAD, AC21

    My compensation and with some profit sharing makes me a 6-7% owner of the firm on paper.

    Now, if the company gets hit by a lawsuit and dragged to court, will I be affected?

    (My role is strictly IT related and also assist in Data Analytics).

    My immigration lawyer is yet to respond.

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  • ItIsNotFunny
    11-12 10:36 AM
    Hi California members,

    There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:

    It�s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.

    State chapter leader,
    Please try to bring attention of your state members to this IV core approved effort.

    Thank you.

    Good Job NK2006.


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  • PDOCT05
    11-16 03:12 PM
    hi pdoc05,

    thanks for the reply.
    plz update me the status ...

    urs sent TSC or NSC ?

    NSC..Sure I will as soon as I have one.

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  • andy garcia
    03-28 07:55 PM
    Just published today

    Visa Statistics for Fiscal Year 2007 (http://www.travel.state.gov/pdf/FY07AnnualReportTableV.pdf)

    ********* Total **** EB1 *** EB2 *** EB3 *** EB4/5
    Worldwide 154,458 * 26,807 * 44,400 * 77,665 ** 5,587

    Top getters:
    *********** Total *** EB1 *** EB2 ** EB3 ** EB4/5

    India __ 27,419 * 2,855 * 6,203 * 17,985 * 376
    China __ 13,615
    Mexico __ 12,596
    S. Korea _ 11,298
    Philippines 10,867
    Canada ___ 6,772
    Great Britain 5,705
    Brazil ____ 4,221

    No unused visas.

    India got 18 % of the visas issued


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  • gotgc?
    09-06 06:44 PM
    Hi Guys,

    I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that


    Current Status: This case has been sent to another office for processing.

    On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.

    It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?

    I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...

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  • Becks
    03-16 07:23 PM
    Wait till you get your new H1 if possible and enter with new visa stamped on your passport. That is the cleanest way. You can also enter with previous H1 visa(with previous employer) and show the new I797. But i recommend you to go for cleanest approach.


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  • ItIsNotFunny
    11-11 07:54 AM
    Please send mails to fight AC21 injustice:


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  • raysaikat
    08-22 11:58 PM
    I entered on a H4 on my New Zealand passport and it is valid 2010. I now have a H1B ie a I-797A and a new I-94 that is also valid till 2010. I'm leaving the country for the first time to go to Australia.

    Do I need to get a new visa stamp for my passport?

    If you want to enter US as an H1-B, you will need an H1-B visa stamp on your passport.

    If I need to get a new visa stamp, do I need to go back to New Zealand or can I do it in other countries?

    You can do that from any consulate. However, note that there is a possibility that the IO will need a so-called "security check" which takes 2-3 months (and sometimes, years). In that case, you will be stuck outside US (you cannot get back to US while the security check is pending). So it is advisable to go to a country where you have a place to stay for a long time, if needed. For most people, it is their home country. Also the chances of getting a security check is higher if you go to a consulate other than the consulate in your home country.

    Can I travel with my passport which shows the H4 visa and carry with me my I-797A and new I-94 to re-enter the country?


    You can, but then your status will be H4 and you will not be able to work. The principle is that your status is determined by the latest I-94 you receive. To work on H1-B, your latest I-94 (the one you got it while entering US or as attached with the I-797 form) must be for H1-B (the visa status is written on the I-94).


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  • sw33t
    07-31 10:26 PM
    24 and counting.

    Please join - http://groups.yahoo.com/group/texasiv

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  • brb2
    03-28 09:46 AM
    Democrats are on a dual strategy here. By backing farm labor they are trying to get the votes of the latinos. By not allowing this to wade in to other skilled jobs they are keeping their union members protected.

    Democrats should be seen to be what they are. If you live in CA, you must e-mail Diane and ask her why she is discriminating against Indians, Chinese, Fillipinos etc.

    By the time amendments are added the bill will be too heavy to pass in the senate and there will be no legislation passed! I am almost at the point of writing to my senators to vote against the bill!

    its all politics for votes...


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  • chintu25
    12-13 03:15 PM
    I suggest we start with a parallel campaign to increase the number of IV members . Each IV member to bring in atleast one new member .

    Steps to take:
    Explanation : Explain, Teach /Preach or do whatever it takes to tell people about IV and what its mission is. Many people think IV is just a propaganda. SHOW them what IV has done. Tell them about the Rally Tell them about the FLower campaign . Make then visit the site

    Reasoning : Make them understand that the EAD or the Labor that they are sitting on was not gotten thru some magic wand. It was thru efforts . Efforts of us IVians.

    If we are able to get one person each to enroll. I am sure atleast 20 % of the new enrollees will start to understand IV and maybe contribute to it as well

    This is something that can be done sitting where u r without any special effort. Let go IVians . This is one of the easiest things to do

    CORE team please help and support.

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  • venky321
    03-23 07:19 PM
    I dont think that the USCIS can staff all the Port of Entries with officers who are well versed in every single visa type.

    It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.

    Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.

    Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)


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  • Munna Bhai
    01-25 08:21 AM
    min GC required:eek:

    Is it possible that someone else will sign an NDA and you work on small modules at the background !!

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  • ak27
    07-18 08:33 PM
    What is the best possible solution to get around different place birth on Passport and BC. Any has affidavit format for such issue please share it.


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  • sgudge
    02-12 05:37 PM
    My mother recently got a tourist visa for 10 years. I know that when she enters USA she will get I-94 which will be valid for 6 months, and she has to go back before the I-94 expires. My question is:

    1) Can she go back to India for say 2 months and come back to US to stay for another 6 months?
    Ex: she comes on 1st Jan 2011 , goes back 31st June 2011 , then stay for couple of months in India and Again Come Back on 1st Sep and stay for more 6 months ?

    According to my understanding tourist can stay only 6 months in USA in a calendar year, provided they don’t apply for extension, is it true?

    2) What if she comes on 1st Jan 2011 stays for 6 months, applies for 6 months extension gets it.
    Goes back in month of Dec. stays for 2 months and again comes on March 1st 2012, will she face any problem at port of entry? Due to her extension she took on her last visit?

    Please help me understand pros and corns? What is the best way to use 10 years tourist visa to stay in USA legally to Maximum period.

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  • I485applicant
    07-19 06:19 PM
    Hi All,

    Here is my situation, would appreciate any advice or pls ping me if you are in the same boat.

    I have approved an I140 from previous employer (A), (PD Mar 06) thinking that retrogression is a given for a long time I took up a full time job with employer(B), where I was consulting. My Labor and I140 has not yet been started with Emp B.

    As E2, Eb3 ... is current upto Aug 17, I'm trying to file I145 based on Emp A. They are willing to file but putting a steep price (trying to take adv of the situation)

    a. I know one can Self file I485, can I include my old employer job offer letter assuming that it would take > 180 days for USCIS to process the application in the mean time negotiage a deal with Emp A.

    b. Self file I485, without Emp A offer letter, wait for RFE and in the mean time negotiate the deal with Emp A.

    Any advice will be appreciated, please.

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  • augustus
    06-17 06:36 PM
    Dear All,

    1. Can someone please let me know what I should take with me when I meet the USCIS civil surgeon? Who gives the Form - I-693? My lawyer has not attached that form in her mails to me? Does the hospital provide or should I take one with me myself?

    2. How is the procedure usually with the USCIS civil Surgeon? What does the surgeon do and how is the examination like?

    Please help me understand this process better. I am aware of the vaccinations I should take but I am not aware of the procedure with the surgeons.

    Thank you very much.

    Best Regards,

    09-07 08:12 PM
    Below is the message She gets from Fedex when she tracks the package.
    Is it normal?

    Sep 6, 2006 10:52 AM Delivered WILLISTON, VT
    9:44 AM Delivery exception WILLISTON, VT
    Rerouted to revised delivery address
    9:44 AM Held at FedEx location for recipient pickup WILLISTON, VT
    Package available for pickup at: 921 MARSHALL AVE

    06-28 03:17 AM
    even if he goes back to A, these intervening 3 months might be dicey. His status cant be on B's H1 since that was denied, and it cant be on A's H1 since A is not paying him in these three months.

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