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shake it up

Written By muthmmuuuaaanniish on Sunday, June 12, 2011 | 12:24 PM

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  • glen
    03-08 09:57 AM
    Great! I have been speaking to my colleagues and friends about IV. Trying to spread awareness about IV. Most have registered :) but not all have contributed.

    One thing for sure, emails alone do not work. Each individual has to be called and followed. There are many who do not understand the gravity of the situation.

    If all current members can get five more guys to register. Goals can be met in no-time.





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  • grupak
    09-09 11:38 AM
    Numbersusa claims it is being voted tomorrow. They are making calls against it.

    Let us all call for it, and push the bill forward.

    Pick up the phone. Will take just 20 mins of your time.





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  • SunnySurya
    11-02 05:09 PM
    Yeah! let us all right to John McCain!
    All,

    Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
    or
    does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
    Thanks,





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  • Lasantha
    04-01 05:46 PM
    I agree 100%

    In simple words..
    Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..

    Here's what we do know
    I485 filing provides MAJOR benefits.
    140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
    485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
    So GO AHEAD file concurrently..



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  • chanduv23
    09-04 06:41 AM
    any pickups from Queens area or Manhattan???

    also can someone give link to something that can be printed like a flyer re: rally on 18th?


    I live in Queens - will do something about it. Lets stay connected.





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  • GCeffect
    02-09 02:38 PM
    Because Company C and A have different FED TAX ID. so they are considered as different business......

    I didn't raise any question beacuse both the company was ran under the same roof.

    During the PERM the company C was not mentioned in the form. But was under H1b in that time for company C. After getting the PERM approval from Company A. I move my h1b from company C to company A. But I have something written from Company C that although i was employed by company C, but my payroll was being processed by Company A.

    Pelase response



    If Company A and C are related business entities, why H1-B transfer was needed from C to A.

    >> So even i was working with the company C, my payroll was under Company A.
    When you were getting paycheck from A, did you raise this issue?

    Did you put this information in Employment History for I-485? What was your last entry into USA?

    _______________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • martinvisalaw
    07-31 05:39 PM
    My AP has expired in Jan 09. I am NOT planing to go out. My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?

    It's complicated. You are not in any defined "status", but you are authorized to stay while you have an adjustment of Status pending. You are not authorized to work or travel, however - you need the EAD and AP for that, if you don't have H-1B or other nonimmigrant status.





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  • hope49
    07-08 06:45 PM
    Hi,
    does anyone has experience working with satyam computers as a consultant on H1B ?

    Thanks.



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  • wandmaker
    12-02 11:30 PM
    Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?

    I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?

    Thanks!

    As long as your (immigration) records are clean, I do not see any issues in COSing to B2 from H1B. You do not have to go into greater detail about your future employment. You just need to mention that you have some personal closing tasks and site seeing to do before leaving the US for good, it should fetch you 6 months.





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  • tinku01
    07-22 07:26 PM
    Bluez if dates move back then they will take effect from Sept 01 and you are already attending interview in Aug. Now as per law there no other bulletin can be issued for Aug again. If you rememebr same thing happend last year in July and then second bulletin had to be withdrawn. So don't worry have fun and enjoy.



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  • krishna007
    05-05 03:15 PM
    I am similar situation (not laid off, but would like to change to employer other than one for which H-1B is approved) and spoke to a lawyer. You can apply for H-1B transfer even before Oct1st(H-1B start date). But, apply in premium processing so that your CAP-GAP benefit will not get screwed up.





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  • mundada
    02-19 09:31 AM
    I am in similar situation as my parents are coming this year.

    Couple of years ago there was a "no question asked, including pre existing condition" insurance, though expensive but it covered everything. However, this time when I talked to insurance consultant, it appears few people misused the insurance to the extent that the company went bankrupt. This is what she said: let us say the patient needed bypass surgery. The patient would buy one month insurance and return ticket. This would cost him $2000. Upon arrival in the US, he would complain about chest pain. Then pay $1000 in deductible and get bypass done. The total cost $3000!

    However, because of this misuse geniune people do not have this option anymore.

    Here is what I am thinking:
    1. Buy Atlas America insurance. This covers pre existing condition upto $15,000. This also gives us negotiated rate with hospitals in the US.
    2. Addon foreign travel on Mediclaim or other insurance that they currently have in India. Opt for Rs. 7 lakh deductible. This should lower the insurance cost. Also, try to talk to the insurance company and see if it will reduce rate further because its is secondary insurance.

    Let me know if you guys see any hole in the logic or you have better alternative. I would rather pay more in insurance and enjoy my parents stay then worry throughout their stay.



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  • ImmigrationAnswerMan
    06-30 03:06 PM
    Wish Good:

    Did you or your attorney file a Motion to Reopen the USCIS denial? If not, then it looks like USCIS decided to reopen the denial on their own motion. Of course there is also the possibility that it is a mistake in the case status. Your local USCIS office might be able to tell you more with an Infopass appointment, but if the file is pending at one of the Service Centers they might not be able to tell you more. It will depend on what the officer put in the USCIS computer system. Without more information that is the most I can tell you.





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  • GreenMe
    12-03 01:13 PM
    Thanks for quick replies.

    The reason for my concern is our Company lawyer has been getting calls from almost every person who went to India that they are either receiving 221G or getting denied.

    Four of my co-workers are stuck due to administrative processing. But none of them attended Mumbai Consulate. My company has suggested that consulates are harassing people for no clear reason and hence should avoid India Travel for next few months.

    Please continue to share your experiences.



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  • statuslaw
    01-31 12:03 PM
    I got an email from DOS (TRTClearanceResponses@state.gov) as follows:

    Dear XXX

    We can now conclude your application for a nonimmigrant visa. Please mail the following items to the Non-Immigrant Visa Unit, 360 University Avenue , Toronto , ON M5G 1S4 or appear with them in person at 225 Simcoe St. at your earliest convenience within sixty (60) days of this notice, Monday through Thursday between the hours of 9 AM and 11 AM , excluding U.S. and Canadian holidays. No new appointment is necessary. Please mail or bring:

    o This request.

    o The notice of suspension TRT/NIV-13(A) received at your interview.

    o Your passport (must be valid for at least 6 months from today�s date).

    o All documents that you submitted with your original application (e.g. I-797, I-20, DS-1029, etc.).

    o A self-addressed, prepaid Canada Express Post mailer.

    o USD or Mastercard/Visa credit card to pay any visa reciprocity fee noted at http://travel.state.gov/visa/reciprocity/index.htm.

    o NO electronic items, food or liquids.

    It may take an additional workweek to prepare your visa after you appear here or these items reach us by mail. Please understand that U.S. law makes the applicant, and not the U.S. government, solely responsible for qualifying for a visa in time to suit his/her needs. We can offer no prior assurance of eligibility to any applicant for any reason at any time.

    Should I contact US Consulate in Toronto for confirmation before go to Toronto for my visa interview?

    Thanks!





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  • ssswapnil
    08-03 10:16 PM
    Hi,

    My Labor was filed in 2001. There was no progress for a year and a half and I left to go back to India. No I140 filed.

    I came back to US and my present employer will be reinitiating the process soon.

    Is it possible to recapture the priority date from 2001 filing?

    Thanks.
    Swapnil



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  • rrk
    03-18 10:58 AM
    Hi,

    I have my work visa H1B with comapy ABC. I didnot work for them. Now Company XYZ is offering me a job and is ready to apply for H1B transfer. To do so I need atleast 2 pay stubs. I also have my EAD valid till Nov. So what is the best thing to do.





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  • pradeepd
    01-23 12:39 AM
    Thanks for your response. I'm leaning more towards Canada as I can avoid travel with my baby to India.
    Do you think they might reject the case for any reasons?
    How long do I have to stay in Canada if in case it's approved?

    Thanks
    Sudha





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  • hibworker
    08-23 11:46 AM
    Switching to F1 will allow her to use OPT / CPT benefits as well as allow her to work part time on campus during term. In order to qualify for OPT the student needs to be in F1 status for 1 academic year prior to submitting application for OPT.





    ImmigrationAnswerMan
    06-30 12:36 PM
    Changingjobs:

    You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.

    Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.

    You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.

    I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.





    ghost
    07-24 04:20 PM
    What can we ask for-
    1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
    2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
    3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?


    LC - Verification is related to the sponsored job
    140 - Verification is related to the sponsoring company
    485 - Verification is related to the sponsored individual

    Portability, by definition, applies to individual and not company. Why would your company want you to have portability?



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