Wednesday, June 15, 2011

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  • cptbaseball
    05-14 11:22 AM
    Hi attorneys,

    I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.

    Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?

    Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?

    Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???

    Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?

    Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?

    Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?

    Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?




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  • gee_see
    10-19 11:04 AM
    Could you point out some sites where salary issue is mentioned (impact of decrease in salary for AC21)?




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  • jfredr
    06-12 10:24 AM
    CIR has got nothing to do with ur visa at this point. this is my idea. better take our seniors advice here at IV




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  • Joozz
    09-19 04:45 PM
    Hi guys,

    Is there anyway somebody can give me an advice what to do?

    My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
    Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
    Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
    I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
    Thanks in advance.



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  • st4rguitar
    04-14 08:38 PM
    My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(

    No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.




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  • paskal
    12-21 11:12 AM
    hope to have the calls set up soon
    details will be posted here
    will try to pm all responders too
    plesae do check this thread in the coming days
    please also continue to post here if you are interested in joining in

    Thanks!



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  • bank_king2003
    04-22 02:04 PM
    So basically you are saying you cannot sue the people responsible for greencard problem.

    I think the only option left is to either sue God or sue yourself for your bad luck.

    Sorry if i was not clear. i meant to say that for visa recapture one cant file a lawsuit against USCIS but one can definately file a lawsuit on USCIS for following things if at all we can prove it

    1) if quarterly soillover is a law and USCIS not doing it they are doing something against the law so we can file a lawsuit against it but again how can we prove that they are not doing quarterly spillover.

    2) If USCIS doesnt use full numbers assigned for Green Cards and waste them you can again sue them for that but will it be succesfull or not that has to be researched.

    3) That H1b employee - employer relation memo is a best example to file a lawsuit against them as there interpratation of the law was completely wrong but noone did it.




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  • alterego
    03-24 07:53 PM
    Well done Mark, I think you presented our case very well.
    There are a lot of stereotypes and misunderstandings of the facts around this issue.
    It makes me realise just what a disservice those like Lou Dobbs and his ilk do to both the debate over this issue as well at to the future of this country that those like us can only benefit.
    Ron Hira though he is wrong on his position can atleast acknowledge the need for more green cards. The extreme right is just fundamentally messed up in their head, and would gladly go back to becoming Hamish in the city!



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  • abhicyber
    11-21 08:21 PM
    cool_guy_onnet1:Change you wife status from H4 to F1 and use your EAD. You can try community college or any state university, they are cheaper than private ones.




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  • anu_t
    06-17 05:27 PM
    There are some people who would be Happy , worry free even if their Dates are not current. Even they are patiently waiting for their turn since 2003.
    And then I see this kind of questions. Makes me just frustrated. :mad:



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  • morchu
    04-22 02:07 PM
    Think twice before you jump into mistakes. How can you survive in USA if you dont have a job.

    I agree with the other post, you probably might be better in India in this economy.

    Also US is becoming something else, due to the pressure from "protectionalists" and you need to wait and see what happens in an year or so. This is not 1998, it is 2009.

    To answer your question, you chances for 2010 H1B is extremely low.

    Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.

    --One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and

    --Is it advisable to get my H01 filed at this time?
    --What if the USCIS asks client letters? They said, the company will take care of it if that happens -- is that even legal to say that?
    --What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.

    Please suggest. Thanks




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  • nagkad
    09-03 12:19 AM
    Got approval today.
    first received CPO email and later received welcome email.

    PD:12/14/2007
    ND:09/11/2007
    RD:08/01/2007



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  • sangeethak31
    07-15 12:36 PM
    Here is the link

    H1B and L1 Visas - U.S. Consulate General Mumbai, India (http://mumbai.usconsulate.gov/h1b_and_l1_visas.html)

    Thanks,
    Sangeetha K




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  • seahawks
    06-29 08:59 PM
    nixstorI don't have any input on that, my attorney told me he is busy, he has other applications that flood his office, even if he writes a letter, the wont do anything in USCIS, go for FP and explain to them the situation. He also said I should have looked at it! bummer



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  • GCAmigo
    01-02 03:20 PM
    >>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.


    I got stamped in July-06 while my existing stamp was valid up to 12/31/06..




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  • fide_champ
    06-25 02:42 PM
    ask the lawyer what he was thinking

    It looks like the lawyer did not find any information that they should not send it before July 1st.



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  • Openarms
    10-05 03:47 PM
    In PA these are the steps to get DL


    1) Go with all immigration related documents, with address proofs. (you still get harassed by the way you look, for this, for that and that..)..(I personally had very hard time..) After a long wait, chatting with other associates, he/she will simply say that you need to wait for 3 weeks untill they verify the status with USCIS. (SO EAD IS NOTHING FOR THEM...JUST ANOTHER WASTE CARD)

    2) Once your are good.. they will send a letter, saying that your verification is done.. and come with all the laundry list of documents again

    3) When you go there the story begins again....see below

    One of associates at DMV today gave me very hard time (he talked while with another associate).... He want's to see my employment letter despite having and showing all the necessary documents (EAD, social, I-485, etc...) to him...and his own department verification is not sufficient for him....When I told him that he does not need to see my employment letter, that is the job of immigration services and despite telling my status as I-485 adjustee...he refuse to process my application.. asked for Supervisor and the supervisor was surprised and why the other associate is refused to give DL despite having all the documents.

    Finally he took care off it.




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  • dpp
    07-27 03:02 PM
    I-485, 765 and 131 forms are for the applicant who wants to adjust status/ work/travel. So, applicant signature is required. Even though you fill G28, that is for authorizing the attorney in preparing and submitting the forms.

    I think no one otherthan the actual applicant can sign the forms. If attorney represent you, then he will sign in his part, thats it. But you need to sign your part anyway.

    Please ask your attorney why he did like that.


    Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
    Is it OK.

    Please confirm.
    Thanks for the earlier reply.




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  • kaisersose
    05-07 01:27 PM
    Also, keep in mind that CIS has said they are coming out with a regulation on AC21 sometime soon. There is no telling how favorable that will be.




    snathan
    08-30 10:25 PM
    Can somebody tell me what are the chances of getting audited if PERM is applied in the next week or so? My lawyer is not Fragoman.

    Nobody knows... Keep your fingers crossed and pray your luck.




    rc0878
    09-23 10:35 AM
    I think as far it does not say unknown, we should be good....but still we should atleast discuss this wit our respective attorneys and post our findings in here.

    BTW, mine is blank also.



    To answer your question the Priority date column is NULL ( i mean blank) for most of us in 485 Receipt Notice.

    But the "Section : " is showing UNKNOWN for some of us and showing something else for others...

    I'm wondering if that could be an issue - shall we call USCIS to fix this ?



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