Friday, June 17, 2011

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  • smuggymba
    09-17 11:47 PM
    For FY2010 it was ~ 10K and it was mentioned some time back on USCIS website that the spillover for FY2011 may be similar. But I guess we won't know until an official announcement is made.

    thread starter is saying it will make dates current....how is this possible with the same amount of spillover?





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  • rampabbaraju
    02-09 07:47 PM
    When I was entering into US with a passport valid for next 9 months, I showed my new H1B(I797) document to the immigration officer in the airport. I got I-94 based on the date in my H1B document not by the passport expiration date.

    I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.

    I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.





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  • thamizhan
    07-17 10:46 PM
    any news about the unused visa numbers to be recalled ?





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  • gcformeornot
    05-21 04:30 PM
    ......



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  • dontcareanymore
    08-24 11:50 AM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

    Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).

    I did not check your PD. You will get your day....stay calm.

    At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.

    Based on the facts you gave :

    1) Your employer has been paying more than the salary mentioned in your contract.
    2) You don't have any proof that you paid them for GC process.
    3) You did not provide any information that suggests they are willfully delaying your case.

    What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....





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  • Junkie2007
    10-09 05:51 PM
    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!

    These are not "IO"s. These are called Customer Service Rep who are not hooked into the IO system. Their main purpose is to satisfy the mandate of servicing the Customer phone calls. There is no explicit mention of quality of service in the mandate. So go figure.



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  • lostinbeta
    10-21 01:32 AM
    I was thinking more of tucked in between the leaves and the symbols in the lower right hand corner (but sticking out a bit so it is all showing and not convered by the leaves and symbols).

    It is your image though, so put it wherever you want.

    Suggestion: don't keep it there (I am such a hypocrite sometimes :P )





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  • zzsbzz
    07-14 02:30 PM
    FWIW, a big technology company's lawyer are sending almost 1100 applications.

    Yes. I'm not sure if you're talking about the same big technology company but one decided to go ahead with filing applications for all it's eligible employees on Thursday.



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  • wandmaker
    10-30 08:41 PM
    1. File AR11 form with USCIS online, by giving the receipt numbers you can change the current address on file. Next day call USCIS 1800 # and confirm the address change.

    2. If you are doing by yourself, eFILE EAD & AP - Since it is going to be your first EAD/AP you will have to attach a copy of biographical page of your passport or Driver License (DL is not mandatory) along with other supporting documents.

    3. File for AR11 again, when you move again.

    4. At the time applying for 485, I assume you have mentioned your current address in G325.

    yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?





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  • ken
    10-05 01:04 PM
    Do you have any LUD's on your case ? What about your wife case did you see any soft LUD's. From my experience if you have soft LUD's continuous for 2 or 3 days then its a sign of getting a decesion in a day or two.



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  • nagesh75
    07-06 04:40 PM
    I am currently working on using EAD. I went to India for a visit and came back to US on 7/7/08 using AP. On the form I-94 they mentioned my status as �Paroled� till 7/7/2009.
    Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
    I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.





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  • SunnySurya
    08-21 02:47 PM
    No problems, I looking for an airconditioned office to work at..
    I once explored the Indian job market. The sun is really hot!!! Beware of the Surya. :)



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  • trueguy
    08-11 12:19 AM
    Bump





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  • ras
    05-24 12:44 PM
    You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...

    Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..

    This is such a grey area, I bet even USCIS is not clear on what they would do...

    I didn't get it quite clearly. In fact am referring to the situation for switching from EAD to H1 while in USA and you still have 1.5years on H1 to complete 6years.



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  • caond
    05-07 05:41 AM
    I am holding J-1 student visa (academic training) from 8/2007 and will be expired on 7/31/2010, sponsor by U of Colorado. I am working as a postdoc for a project funded by NIH until 2013 at VCU. My advisor want to change my visa category from J-1 student to J-1 scholar, sponsor by VCU, to continue the project.

    According to an international advisor at VCU where I am applying J-1 scholar, I cannot change from J-1 student to J-1 scholar due to 12-month bar:

    [Time spent in the United States in any J status (including J-2 status) during the 12-month period preceding the prospective professor or research scholar's program begin date may affect the alien's eligibility for participation as a Professor or Research Scholar.

    22 C.F.R. � 62.20(d)(2) establishes what is referred to as the "12-month bar." The general proposition of the 12-month bar is that an alien is not eligible to begin an exchange program as a Professor or Research Scholar based on a DS-2019 issued "to begin a new program" if he or she was physically present in any J status (including J-2 status) for "all or part of" the "twelve month period immediately preceding the date of program commencement set forth on his or her Form DS-2019." ]

    But according to an international advisor at University of Colorado (my current sponsor for J1 student) that the 12-month bar is not applicable for me due to exception:
    [(A) J-1 transfers. The 12 month bar is not applicable to those who will begin a program by transferring to a new program sponsor under the transfer procedures of 22 C.F.R. � 62.42 ;
    22 C.F.R. � 62.20(d)(2)(i) ]

    Who is right? What should I do? :confused:

    I appreciate any help !!!





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  • nfinity
    07-11 07:07 PM
    Send me a PM with what needs to be done.



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  • X-Wing
    05-16 11:28 AM
    Bindas,

    I believe one can send all applications in one packet, but be sure to include separate copies of supporting documents for each application with each sub-packet (per app). If paying by check, send separate checks (although I seem to recall you saying you'd paid by credit card).

    Keep us posted on your renewal experience!

    Thanks,





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  • javadeveloper
    08-25 06:12 AM
    Is it true that if we apply for candadian PR we can't apply for visitors visa to cananda.

    I want to apply for PR to canada and also would like to go for stamping to cananda sometime after 4-5 months.

    Thanks in advance...

    Discussions are here http://immigrationvoice.org/forum/showthread.php?t=738 . Good Luck





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  • Akia
    03-24 11:00 AM
    It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.

    As regards whether a reimbursement agreement is enforceable - it depends on state law.

    Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.





    Legal
    07-26 12:32 PM
    very good idea! We should fight..

    This time they can not say they can not say unrelated immigration issue should not be attached to a spending bill.

    If this claim is made again by immigration restrictionists, then the "more visas for crab pickers" deal should also go:D





    akhilmahajan
    04-23 06:48 PM
    First of all congrats for your I140......
    Secondly, i8 was looking at the dates and the texas web site mentioned they are processing September 13, 2006 cases.......

    But as per your information, it seems wrong..........
    I guyess its just random case dates which are processed........ I will have my fingers crossed amd hopefully will get my gift soon.........

    Thanks



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