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  • gc28262
    03-26 07:10 PM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    Have you gone out of the country and came back to USA on H1B visa after that ?
    If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).





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  • navyug
    06-24 07:27 PM
    Hi all,
    We applied for my wife's and mine EAD on April 27th (paper based)
    I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010

    I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
    She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.

    Additionally , she has a valid H4 as well.
    I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble

    Pls reply
    Thanks in advance

    As long as she is not drawing a Salary, she is fine. She can continue to manage the business.





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  • john2255
    10-20 06:24 AM
    Look at the profile...... join date and no. of posts.


    So whats the problem. I was active till 2007, till the special immigrant visas are over and retrogression set in for Schedule A workers, nurses and physical therapists. I was in my country till now, and Immigration voice sign in template don't have any option to register for people who are out of United states.

    When I was active I always did my best to share my knowledge and help the people.
    I supported and advocated for general visa recapture and special legislative initiatives for Schedule A workers. I was an active member of Schedule A workers sub group of Immigraton voice.

    I hope I am clarified. I humbly request for valuable advices to decide on my situation. Once again thank you all for your advices.





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  • kumar1
    07-17 02:17 PM
    Screw Murthy !!! I have never seen him picking up any good news.



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  • Michael chertoff
    04-07 05:58 PM
    Please stop this discussion about US university and Indian university or for that matter about octopus

    This thread is about Retrogression, priority dates and Visa bulletins so if someone has seen the May 2011 VB lets talk about it

    Agreed. just talk about Bulletin.





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  • Jaime
    02-02 12:47 AM
    Guys:

    Have you read the most recent update by Shusterman? He links to H.R. 264 "Save America Comprehensive Immigration Act of 2009 (Introduced in House)" Read Title V, Section 501:

    TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS

    SEC. 501. EARNED ACCESS TO LEGALIZATION.

    (a) In General- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
    `ADJUSTMENT OF STATUS ON THE BASIS OF EARNED ACCESS TO LEGALIZATION

    `Sec. 245B. (a) In General- The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien--
    `(1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then;
    `(2) has at all times been a person of good moral character;
    `(3) has never been convicted of a criminal offense in the United States;
    `(4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment;
    `(5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and
    `(6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service.
    `(b) Treatment of Brief, Casual, and Innocent Absences- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States.
    `(c) Admissible as Immigrant-
    `(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2).
    `(2) EXCEPTIONS- The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien's admissibility under this section.
    `(d) Security and Law Enforcement Clearances- The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status.
    `(e) Inapplicability of Numerical Limitations- When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section.
    `(f) Termination of Proceedings- The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien's application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section.'.
    (b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 245A the following:
    `Sec. 245B. Adjustment of status on the basis of earned access to legalization.'.

    ntroduced in the House by Representative Sheila Jackson-Lee (D-TX)

    Link

    http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:

    http://shusterman.com/cgi-bin/ex-link.pl?thomas.loc.gov/cgi-bin/query/z?c111:H.R.264.IH:

    Gurus, any comments? Wouldn't this be great??

    Also, a bill introduced by Harry Reid seems to have legal employment immigration fixes, that is: "Stronger Economy, Stronger Borders Act of 2009" (S.9) introduced in the Senate by Majority Leader Harry Reid (D-NV) along with a dozen co- sponsors.

    Any thoughts???



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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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  • indio0617
    12-31 07:52 AM
    Guys ,
    Is there anyone know whether H1 increasing issue will be introduced again in Congress or not ?


    YES. I believe that will certainly be re-introduced as one of the measures in 2006



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  • svr_76
    06-16 03:22 PM
    hi,
    I am going for an InfoPass appointment tomorrow and thought of asking the members is the following questions seem appropriate. I dont expect the officer to answer all/any of them..but just thought of listing them..incase I get lucky and get a helpful officer.

    - Is my case with an IO desk?
    - Since when is it with an IO desk?
    - if and when my background check updated?
    - is background check same as IBIS check? If not then is IBIS check complete?
    - if and when my FBI name check completed?
    - is review awaiting some response from external agency
    (Consulate post/FBI/BCP)?
    - If under "additional review" What kind of "additional review" is it under?
    - Expected time-frame for the additional review to be complete?
    - Is it being actively worked on or just assigned to an officer and not updates?
    - Is it being transferred to other/local office? Is any interview being planned?





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  • bipin
    03-18 12:44 PM
    Answers to your Questions:

    My first labor was applied with my first company in 2004. In Pre-PERM era separate State and Federal labor approvals were required. My state labor was cleared, and federal pending. When they introduced PERM in June 2005 all the old cases were moved to BRC (Backlog reduction Centre, which was closed in Oct 2007). My labor started rotting in BRC and my then employer was not willing to file a PERM saying, they have to withdraw the current labor and I'll lose my PD. So I was looking for a new employer and got this guy in Aug 2006. Most of us all must have gone with many deals with the employer like 80:20, 95:5 plus payroll tax etc. and in my case the deal was I'll take all immigration related costs hoping for a faster GC.

    And now H1 transfer w/o paychecks, yes, it's not possible per law. But it's not always per book, like 3 year degree holders got GC thru EB2 few years back, now they can't even get EB3. So with my current company's attorney I got H1 transferred (Yes, there were RFEs on paycheck!)

    Isn't my case shows how this employer based immigration system is completely broken. This guy didn't bring me here, he didn't get me any project, but I had to go to him to get my GC. He must have come here like me few years before and he screwed my life! I'm stranded now after 8 years working here, and he became richer from his cut of my salary.

    My question is, he cancelled my H1 in Aug 2008. It's been 19 months since then. Is there an statutory limit after the violation to file a complain? Also now it looks like he closed the company which was in NJ. The company was registered in DE and I worked for him in CA.

    Cany Any Attorney/Member suggest?

    Dear Friend,
    We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.



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  • cagedcactus
    10-23 05:31 PM
    we probably should look for the best fit option... If the website offers flexibility with availability, thats the way we should go.
    You are doing a great job, WD.
    Once we have the structure set, and people engaging in several crucial areas, we will have a better idea about what fits better...





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  • black_logs
    05-01 01:20 PM
    You can't get an apointment for June, until you can prove you have an emergency. Also you should make your appointment at the post according to the permanent address on your passport.
    Folks,

    I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.

    Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :

    Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?

    You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.

    Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?

    I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.

    Ganesh.
    ps: I can't get appointments before June in Canada or Mexico either. :(



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  • abhisec
    02-02 07:01 PM
    I'm liking it....how can we show our support? :D





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  • logiclife
    10-26 04:35 PM
    For people familiar with how databases work:

    You have to realize that each page load means a query has to run to a table of 14,000 records (for 14,000 threads) in MySQL database on our limited capacity server and since you have to sort the rows on basis of most recent updates, you have to get all 14,000 rows of result set and then let database sort them in descending order.

    The reason for messed up sort order is that the "recent forums posts" has been pointed to a separete table that has recent threads and that seperate table is populated every 1 or 2 minutes from entire table of threads. That's sometimes you update a thread and it takes a while for it to become most recent thread.

    For some reason, and we dont know yet, our site has been over loaded. This used to happen during July bulletin and we did the same work around by pointing "recent forum posts" to a smaller table populated thru a stored procedure running every few minutes. Also, during the July bulletin, we upgraded the server processing capacity and doubled the memory. It may be time to upgrade again, or maybe its time for some tune-up with regards to creating an index on the table for threads.

    For people not familiar with Databases:

    The messed up sort order on "recent forum posts" is by intention an its a work around to avoid site crashes that we have been having due to reasons we dont know yet.



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  • snowshoe
    01-01 09:00 AM
    I just returned from my 4 days cruise with a stop at Calica, Mexico. Here is my experience with the Customs and Border Patrol officer at the Port of Miami:

    I told him that we had applied for green card and handed him the original AP approval notices. He went through our passports to look at our visa stamps. He pointed out that the Visa stamps in our passports had expired, he asked me if I still work with the same company, I answered "Yes" and handed him our new H1 extension approval notices. He looked at the documents (guess looked at name and validity dates) and then took all the documents to another officer.

    After returning to his desk he justed entered some data into their system (I think our passport numbers) and told us we were good to go. He did not take our AP notices and did not issue new I-94.

    (while embarkation the Carnival staff had looked at our AP notices and hence had not asked for our old I-94s).

    I wish all of us a very happy new year.





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  • Anders �stberg
    April 16th, 2004, 02:42 PM
    I sat waiting for birds that didn't show, and then a 2-inch bubble floats by... bored to bits I took some pictures just before the bubble burst, and it came out cooler than I expected. What do you think?
    -Anders

    (100-400 @ 400mm, 1/320s, f/9, ISO 400)
    http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Bubble_3642.jpg

    (100-400 @ 400mm, 1/400s, f/9, ISO 400)
    http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Bubble_3643.jpg



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  • cheg
    07-27 12:57 AM
    thanks vikram! good job! i have it in my bookmark already. :D





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  • casinoroyale
    01-07 11:51 AM
    >if one enters using AP,then works for his current employer , even then, >he/she has to leave and reenter to get h1 status? or only in case of ac21?

    Ok, after using AP there are two ways in order to reinstate H1B status.

    1) By applying H1b extension after entering on AP
    2) going out of country and entering with valid h1b visa stamp.

    This is based on what i read in immigration-law.com and again as per murthy office.



    can you please explain little more? what is meant by after invoking, is it AC21?

    If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
    thanks in advance.





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  • thomachan72
    11-10 02:47 PM
    Never heard of this before. Wouldn't know what to do either. Can you call them and ask? or send an email? what does your attorney say? Was an educational evaluation done on this?





    jayleno
    06-20 08:05 AM
    I don�t know about the port of entry, but for EAD and AP they might insist. You must have read my earlier post. In my case they had enough evidence to verify that I had a 485 application pending, but they still chose to send it back. I guess it also depends on the knowledge of the person handling your case. The only way to find out for sure is to apply and see if they send it back. Are you the primary applicant in your case or is it your husband? My lawyer said they did not get the 485 notice for 1 year now, but I know for sure that he has it.

    I went for my driver's license in CT and they asked for an I-485 receipt notice when I showed my EAD as my status. They too sent me back saying they cannot give me a license without the I-485 receipt. You never know where they ask for that.


    I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??

    Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.

    Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...

    Thanks





    chanduv23
    12-21 08:01 AM
    What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.

    You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.

    Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.

    Try to sort it out with the employer. If employer does not explain, you can change employers, gettiing jobs is not difficult these days. If you think employer has cheated you on wages, contact DOL. But if the wage he mentioned on h1b petition and offer letter is what he is paying to you right now, but he orally agreed to pay you what you think he is paying, then he has conned you. Just be smart and move on, as the employer does not have ethics and "tells lies" to consultants on their salaries, he will face problems in future.



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