Monday, June 13, 2011

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  • glus
    06-25 09:31 AM
    Hi:
    Generally speaking, you can dig out legal entry in most cases. First, get in touch with a consulate that issued your visa and ask for some kind of a confirmation that a visa was in fact issued to you. Second, you can try to get a replacement of lost departure/arrival record with USCIS. On the application you write a date when you arrived and place and all the details. If they find info in their computer, they will issue to you a "duplicate" of your original arrival I-94. To request replacement of record, you can use I-102.





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  • EB3_SEP04
    06-30 10:35 AM
    I have a question regarding where to file my EAD renewal application. I am a July filer NJ resident and my I-485/EAD/AP were sent to Nebraska and got the AP/EAD approved through Nebraska going by my LIN no. As per the (C)(9) rules it says NJ residents should file to Texas service center and somewhere else I read that my EAD renewal application should be sent to the location where my I-485 is getting processed.

    Please share your experiences.

    Thanks

    I sent you a private message with my ph number.





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  • nixstor
    06-30 01:00 AM
    I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?

    Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.

    Thank you all in advance.


    Sorry wrong time. Move on!. They gave 2 months time for this, But screwed up the VB big time.Now age old labors are flying and body shoppers are sending emails personally. Damn I received one of them 4 days back. Bas*8** doesn't leave much info. I did not had the time to follow up and get him nailed.





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  • willgetgc2005
    03-30 06:07 PM
    Anandrajesh,

    Congrats and great job. However, I disagree with the salary part you
    mentioned in your interview. You had mentioned that the salary used to
    be 1/10 or even 1/20 of the US salary when you moved back to India. Do you
    think this is correct ? I dont think that is a correct ratio

    At times, unconsciously, we exagerate how bad it is in India while it is not.


    Just my 2 cents. Again, this is not to find fault. Great job.

    -------------------------------------


    I was interviewed by National Public Radio(NPR) recently abt the whole immigration stuff. This can be heard on the following link
    http://marketplace.publicradio.org/shows/2006/03/09/PM200603098.html

    My 2 cents worth of thought, that has reached the National Audience. Getting Media Attention is pretty important with this fight.



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  • chanduv23
    10-09 02:35 PM
    ^^^^^^^^^^^^^^^^^^^^^^^





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  • alterego
    06-21 10:27 PM
    You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
    From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.



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  • Nil
    06-14 04:28 PM
    "If a nation cannot be competitive when it accounts for nearly a quarter of world output, sits on abundant natural resources, has most of the world's best universities, and has had a stable constitutional system for some 200 years, a supposed shortage of computer scientists is the least of our worries."

    ".....if they (poorer countries) are to ever get richer. Bluntly, they need that brainpower more than we do."

    "And rather less bleating from employers in the richest country in the world that they are entitled to soak up global talent like a sponge."





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  • add78
    03-19 01:33 PM
    Hello Everyone;

    I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;

    When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.

    So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.

    I understand your frustration, however, legally you do not have a case against the Closing Company. If they had sent it to a completely different address, it was another story. Since your driver's license showed your old address, the court will not find them at fault. Check your contract to see if there is any provision that states the mailing method of such important documents. Usually it should require signature upon delivery if not return receipt, but if nothing is mentioned in the contract, unfortunately you do not have a case.



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  • pratibha
    04-23 09:25 PM
    When My immigration came through, my family and I all flew down by air, stamped ourselves as Landed Immigrants and then came back to states.
    You will have to give somebody's address at the airport and also apply for your PR card before you come back to states. Once you get your PR card then you are free to travel even by road passing the border post otherwise without the PR card you will have to apply for a visa every time you go to Canada. The PR card will be posted to the that somebody's house so that person can post it to the US. I am a landed immigrant since Feb 2005 but still live in states.
    To maintain the PR status you have to be the country for 2 years.





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  • webr
    09-07 06:41 PM
    Has anyone applied FAFSA or Stafford loan with Parolee status ? , I am planning to apply for my online degree. I have H1B ,but using AP to reenter.



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  • tempy
    09-23 02:12 PM
    Here is the short version of how it unfolded. I've seen some quick responses from USCIS.

    9/15/2010 - USCIS email indicating that cards mailed for both me and spouse
    9/16/2010 - Spouse received card
    9/21/2010 - Got email (LUD) that my card returned undelivered.
    9/22/2010 - Called customer service updated the address
    9/23/2010 - Got my card in mail (wrapped in an usps priority envelope) with tracking number

    I was pleasantly surprised with the fastness of USCIS.

    Thanks,

    Yes we got the card after a month.
    It went to a place where we never lived not sure how it went there.
    Anyway we didnt get the notices yet.
    Just the card.





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  • martinvisalaw
    07-28 07:13 PM
    I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.

    You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.



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  • Junky
    09-10 08:17 AM
    Please call congressmen to support HR5882.

    Elton Gallegly (R-Calif.)202- 225-5811
    Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
    Dan Lungren (R-Calif.)202- 225-5716
    Brad Sherman (D-Calif.) 202-225-5911
    Adam B. Schiff (D-Calif.)202- 225-4176
    Rick Boucher (D-Va.) 202-225-3861
    Robert C. Scott (D-Va.) (202) 225-8351
    Bob Goodlatte (R-Va.)202- 225-5431
    J. Randy Forbes (R-Va.)202- 225-6365
    Tom Feeney (R-Fla.) 202-225-2706
    Ric Keller (R-Fla.)202- 225-2176
    Louie Gohmert (R-Texas) 202-225-3035
    Lamar S. Smith (R-Texas), Ranking Member 202- 225-6906/ 202- 225-4236
    Jim Jordan (R-Ohio) 202-225-2676
    Betty Sutton (D-Ohio) 202-225-3401
    Chris Cannon (R-Utah)202- 225-7751
    Steve Chabot (R-Ohio) 202-225-2216
    Howard Coble (R-N.C.) 202-225-3065
    Steve Cohen (D-Tenn.)202- 225-3265
    John Conyers (D-Mich.), Chairman 202-225-5126
    William D. Delahunt (D-Mass.)202- 225-3111
    Keith Ellison (D-Minn.) 202-225-4755
    Trent Franks (R-Ariz.)202- 225-4576
    Luis Gutierrez (D-Ill.)202- 225-8203
    Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
    Mike Pence (R-Ind.) 202-225-3021
    Howard L. Berman (D-Calif.) 202-225-4695
    Debbie Wasserman Schultz (D-Fla.) 202-225-7931 (IN FAVOR - Reported by IV member new_horizon)
    Tammy Baldwin (D-Wis.) 202- 225-2906 (IN FAVOR - Reported by IV members cnag & Prashant)
    Maxine Waters (D-Calif.) 202-225-2201 (IN FAVOR - Reported by IV member little_willy)
    Anthony D. Weiner (D-N.Y.) 202-225-6616 (IN FAVOR - Reported by IV member punjabi77)
    Robert Wexler (D-Fla.) 202-225-3001 (IN FAVOR - Reported by IV member punjabi77)
    Hank Johnson (D-Ga.) 202-225-1605 (IN FAVOR - Reported by IV member punjabi77)
    Zoe Lofgren (D-Calif.)202- 225-3072 (ALREADY SPONSOR DO NOT CALL)
    Jim Sensenbrenner (R-Wis.) 202-225-5101 (ALREADY COSPONSOR DO NOT CALL)
    Linda Sanchez (D-Calif.) 202-225-6676 (ALREADY COSPONSOR DO NOT CALL)
    Jerrold Nadler (D-N.Y.) 202-225-5635 (ALREADY COSPONSOR DO NOT CALL)
    Artur Davis (D-Ala.) 202-225-2665 (ALREADY COSPONSOR DO NOT CALL)
    Sheila Jackson-Lee (D-Texas)202- 225-3816 (ALREADY COSPONSOR DO NOT CALL)
    Melvin L. Watt (D-N.C.)202- 225-1510 (ALREADY COSPONSOR DO NOT CALL)

    My apologies for re-posting...
    but looks like we are all late... in the GC waiting game:rolleyes:
    Hard to remain hopeful





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  • kittu07in
    08-27 03:20 PM
    [.....Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this. ...]

    My H1B visa may be getting expired Sep4th....but her old H4 approval is valid until 2011.
    Is she safe even my visa (H1B) expired on 4th Sept.
    If I apply F1 (Student Visa) now...it will take another 45 days to get F1 approval from INS.
    So....what happens to her status? Is she valid to stay until she gets F1 approval notice?

    ~Thanks in advance



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  • coolmanasip
    08-16 08:06 PM
    Kondur - First, thanks for your reply. Its all volunteer time here and I appreciate your time to help me out.

    The way I read it, and its not becos I want to read it like that, the AC21 memo all the time talks about "Same or similar occupational classification" not same/similar job. There is a world of difference here. Same job means we have to be the same engineer or programmer that we were about 4 yrs ago. Thats not the intent of the law. The law says occupational classification, which means job category.....Engineering or whatever we do....so I think there is a difference....

    I checked my current SOC code and that is under 17-2051- Civil Engineer...The SOC language also says this "Supervisors of major professions groups 13-29 (including 17) have experience and perform the same duties as the workers they supervise and hence are classified in the same group" ---- This tells me that if you oversee engineers doing technical work, that is fine.

    Now, the management part of the "Director" title is a concern. So,if we take that into account, in worst the classification would be under 11-9141- Architectural and Engineering Managers. Which, I believe, would still qualify under the (if not same) similar occupational classification. On DOL website, under 11-9141, in related occupations - one of them is 17-2051 Civil Engineer. So, again, I think we should meet same/similar occupational classification.

    I talked to one of the lawyers from Murthy firm, and they seem to see this as meeting the requirements. While she did say that I was pushing the envelope, she said CIS is pretty liberal in this interpretation and would not be an issue.

    Having said this, is there a possibility that CIS could get restrictive about their interpretation - absolutely! And there is that risk that would jeopardize the whole process....so, here we are, insulting our own intelligence because an agency would not define in black and white what is acceptable and what is not.....

    sorry for a long rant.....have not decide what to do yet.....realistically, GC should be here in another 10 months.....thanks for your time





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  • lvinaykumar
    04-09 10:25 PM
    all we can do is fight untill we get what we want..



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  • prem_goel
    06-07 02:45 AM
    I think it's not wise to leave. I tried googling for h-1b transfer & leaving the country but didn't get much info. I think if a transfer is pending with USCIS then you shouldn't leave the country as it may be considered as abandonment of the application.

    i would advice to get it done under premium processing. i am not sure when the i-94 records are updated but if USCIS sees that you left India while the transfer is pending, they might issue you I-797 but with instructions to get it stamped at a consulate in India.

    just my thoughts..better try googling or ask some lawyer.





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  • ajz3
    12-06 12:14 PM
    Filed for i140 on march 27th. Upgarded to premium processing on nov 15th. Today is dec 6th and nothing. The reason I filed for i140 thinking, if they have started this process and people are filing, that means the ones who are in regular are going to get pushed behind ever more. But I havent received any reply yet. Will let you'll know when something happens. I check my email atleast 20 times a day hopeing for a reply. GOOD LUCK :)





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  • gcisadawg
    12-17 11:25 AM
    I traveled via Lufthansa last month ( EWR-FRA-MAA) and had approved H1B petition on hand ( to show that I'm legally working without any gaps) and on returning I showed AP.

    If you look at German consulate site, they have mentioned that if an Indian citizen residing in US is traveling to India, then he just need to have proof of continuous legal stay in US.

    If an Indian citizen living in US is travelling to say, Australia, then he needs to have German transit visa in addition to Australian Visa.

    While returning, it is either AP or valid stamp on passport.





    sc09876
    08-17 03:17 PM
    Hello,
    My I-140 got denied based on my Education.

    I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.

    Experience:
    - 6 yrs of OUTSIDE USA experience
    - 5 yrs of USA experience including 2 yrs of experience with current company.
    - I am working as FULL time with an American Company at present

    The JOB Description for PERM was:

    "Bachelor’s degree in Computer Science plus 5 years experience; 3 year Bachelor’s degree plus 2 year post-graduate diploma in Software Engineering and 5 years

    You dont say your category. I am assuming this is EB2 for which such denials are common place these days. Pls update your profile.
    Long story short, it is on the education evaluation mapping to the requirements of the PERM position. Bachelors Degree in computer science means a 4 Year under graduate degree in US in the field of computer sciences or its foreign equivalent. USCIS does not equate 3+2 > 4. It may work for H1 petition but definitely not filing a 140 in a EB2 category

    That you dont specify what kind of 3 year degree you got is another matter.

    You need to consult a good attorney for options assuming that it is your attorney who got you into the trouble in first place by not making sure what is advertised for is what you got.

    go to Murthy or Shusterman or Ron. I dont hold brief for any one, but all of these are experienced enough to have handled similar cases. Dont rely on people's suggestions here. I dont mean to demean people who offer suggestions in good faith, but what worked for some one may not work for you.





    GCSOON-Ihope
    11-04 10:02 PM
    How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?

    How often is an H1 denied? I have no idea but it happened to me...twice!
    The first time, the attorney screwed up. The company fired him ...and me as well since I was then out of status (long story that I will post someday, maybe...):mad: Second time, I never knew the details but the company appealed... and won.
    All that can happen on any type of application of course. Everybody makes mistakes, and even without mistakes, no approval can never be guaranteed in advance.:(



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