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  • sk.aggarwal
    02-15 05:35 PM
    I am in 6th year of H1 and my company is working to file Labor. If I include time spent outside US, I have time till April 25th to file it . I got a call from paralegal on my case, saying that process has changed since Jan 1 and we need to get prevailing wage from Washington which might take like 5 months? Is this true? Is it possible to submit job order based on my present salary hoping that prevailing wage will come lower than this number? Is this workable? Please help to advice. If nothing works, I need to start planning to leave US.





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  • ramaonline
    01-02 01:44 PM
    Chk this
    http://www.immigrationportal.com/archive/index.php/t-232784.html





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  • h1b_forever
    09-13 02:08 PM
    It is so frustrating to not have a receipt for Jul2 filing yet. Should be poll to see how many are still waiting





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  • LloydsApple
    11-11 10:20 AM
    hey all i can't find where to post a new thread so hopefully I can hijack this quick.

    I called the USCIS number for info but can't speak to an operator.

    My wife is planning on traveling to hawaii in december. She will have her drivers license by then. She has her I-485, I-130, I-765 and some other M109109 (whatever that is).

    she wants to know if its ok for her to travel to hawaii (from florida). it's in the united states so i can't imagine there being an issue. she will be traveling to ohio later that month and to me its the same thing. I'm just trying to get the opinion from someone who would know for sure.

    thanks for any help!



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  • slowwin
    04-16 09:30 AM
    For whatever reason, your record is tainted. This will also comeback to bite you later (AOS ). my suggestion is to get a legal opinion from a lawyer who practices both criminal and immigration law.


    I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
    Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
    Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
    Thanks a lot in advance.





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  • JunRN
    08-14 03:14 PM
    If it was received but no checks cashed yet, I would re-file.



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  • kumar1
    12-03 12:30 PM
    Thank you. Very encouraging.
    Hope for the best, prepare for the worst.





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  • pt326bc
    08-03 10:33 AM
    I 140 is for a future job.

    You certainly could use an approved I 140 from Comapny A while applying for an H1B extension (doesn't matter if it is Company A or B which is sponsering the H1B).

    The critical part here is I 140 should be active (meaning shouldn't be revoked).

    Of course if you do apply for an extension beyond 6 yrs (and get it for 3 yrs if your PD is not current); AND at that point I 140 is withdrawn (after approval of H1B) then you are in a grey area.

    Technically if an H1B is approved then it cannot be revoked by USCIS for the reason that the I 140 on which it was based has been withdrawn. But in the current atmosphere who knows!

    Again this is not legal advice, just an opinion as I am not a lawyer!

    Regards.



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  • gcpool
    11-28 09:42 AM
    Now a days I head the appointments are easily available.





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  • j751
    04-22 07:20 PM
    I filed I-140 at NSC on 07/27/2007 LUD - 01/02/2008, but my current case status reads as below

    The I140 IMMIGRANT PETITION FOR ALIEN WORKER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.


    The status doesn't specify the transfered location. Does anyone have a similar case status and know where the case could have been transfered. To me the obvious choice seems like TSC. Please correct me if my assumption is wrong, your input will be appreciated



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  • iptel
    01-30 02:48 PM
    Just a suggestion I think if we involve US India Polical Action Committee(USINPAC) may be our effort to reach the law maker will be easier.

    Members of the U.S. Senate India Caucus are as follows -

    Senator Cornyn (R - TX) � Republican Co-Chair
    Senator Clinton (D - NY) � Democratic Co-Chair
    Senator Hutchison (R - TX)
    Senator Lott (R - MS)
    Senator Lautenberg (D - NJ)
    Senator Santorum (R - PA)
    Senator Lieberman (D - CT)
    Senator Specter (R - PA)
    Senator Daschle (D - SD)
    Senator Stabenow (D - MI)
    Senator Bingaman (D - NM)
    Senator Cochran (R - MS)
    Senator Frist (R - TN)
    Senator Corzine (D - NJ)
    Senator L. Graham (R - SC)
    Senator Schumer (D - NY)
    Senator Wyden (D - OR)
    Senator Coleman (R - MN)
    Senator Chambliss (R - GA)
    Senator Bayh (D - IN)
    Senator Durbin (D - IL)
    Senator Breaux (D - LA)
    Senator Crapo (R - ID)
    Senator Levin (D - MI)
    Senator Fitzgerald (R - IL)
    Senator Grassley (R - IA)
    Senator Bennett (R - UT)
    Senator Boxer (D - CA)
    Senator Nickles (R - OK)
    Senator Stevens (R - AK)
    Senator Mikulski (D - MD)
    Senator Rockefeller (D - WV)
    Senator Landrieu (D - LA)
    Senator Hatch (R - UT)
    Senator Maria Cantwell (D-WA)

    Members of Congressional India Caucus

    108th Congress elected in November 2002
    List updated as of June 18, 2004

    112 Democrats, 74 Republicans, Total 186

    Congressman Crowley (D-NY) - Democratic Co-Chair
    Congressman Wilson, Joe (R-SC) - Republican Co-Chairman
    Congressman Abercrombie (D- HI)
    Congressman Ackerman (D-NY)
    Congressman Andrews (D-NJ)
    Congressman Baca (D- CA )
    Congressman Baird (D- WA)
    Congressman Barrett, J. Gresham (R-SC )
    Congressman Beauprez (R-CO)
    Congressman Becerra (D-CA)
    Congressman Bell (D-TX)
    Congresswoman Berkley (D-NV)
    Congressman Berman (D-CA)
    Congresswoman Biggert (R-IL)
    Congressman Bilirakis (R-FL)
    Congressman Bishop, Rob (R-UT)
    Congressman Blumenauer ( D-OR)
    Congressman Boucher (D-VA)
    Congressman Brady, Kevin (R-TX)
    Congresswoman Brown, Corrine (D-FL)
    Congresswoman Brown, Henry (R-SC)
    Congressman Brown, Sherrod (D-OH)
    Congresswoman Brown-Waite, Ginny (R-FL)
    Congressman Burgess (R-TX)
    Congressman Burns (R-GA)
    Congressman Calvert (R-CA)
    Congressman Cannon (R-UT)
    Congressman Cantor (R-VA)
    Congresswoman Capps (D-CA)
    Congressman Capuano (D-MA)
    Congressman Cardoza (D-CA)
    Congressman Carson, Brad (D-OK)
    Congressman Chabot (R-OH)
    Congressman Chandler (D- KY )
    Congressman Cooper (D-TN)
    Congressman Cox (R-CA)
    Congresswoman Cubin (R-WY)
    Congressman Davis, Danny (D-IL)
    Congressman Davis, Jim (D-FL)
    Congressman DeFazio (D-OR)
    Congressman Delahunt (D-MA)
    Congressman Deutsch (D-FL)
    Congressman DeMint (R-SC)
    Congressman Dicks (D-WA)
    Congressman Doggett (D-TX)
    Congressman Doyle (D-PA)
    Congressman Duncan (D-TN)
    Congresswoman Dunn (R-WA)
    Congressman Ehlers (R- MI)
    Congressman Engel (D-NY)
    Congressman English (R- PA )
    Congresswoman Eshoo (D-CA)
    Congressman Evans (D-IL)
    Congressman Faleomavaega (D-AS)
    Congressman Feeney (R-FL)
    Congressman Ferguson (R-NJ)
    Congressman Filner (D-CA)
    Congressman Foley (R-FL)
    Congressman Forbes (R-VA)
    Congressman Ford (D-TN)
    Congressman Frank (D-MA)
    Congressman Franks (R-AZ)
    Congressman Frost (D-TX)
    Congressman Garrett (R-NJ)
    Congressman Gephardt (D-MO)
    Congressman Gillmor (R-OH)
    Congressman Gingrey (R-GA)
    Congressman Goodlatte (R-VA)
    Congressman Gordon (D-TN)
    Congresswoman Granger (R-TX)
    Congressman Green, Gene (D-TX)
    Congressman Green, Mark (R-WI)
    Congressman Greenwood (R-PA)
    Congressman Gutierrez (D-IL)
    Congressman Harris (R-FL)
    Congressman Hastings (D-FL)
    Congressman Hayworth (R-AZ)
    Congressman Hensarling (R-TX)
    Congressman Hoeffel (D-PA)
    Congressman Holt (D-NJ)
    Congresswoman Hooley (D-OR)
    Congressman Honda (D-CA)
    Congressman Hoyer (D-MD)
    Congressman Inslee (D-WA)
    Congressman Israel (D-NY)
    Congresswoman Jackson-Lee (D-TX)
    Congresswoman Johnson, Eddie Bernice (D-TX)
    Congressman Jones (R-NC)
    Congressman Kanjorski (D-PA)
    Congresswoman Kaptur (D-OH)
    Congresswoman Kelly (R-NY)
    Congressman Kennedy, Patrick (D-RI)
    Congressman Kildee (D-MI)
    Congressman Kind (D-WI)
    Congressman King, Peter (R-NY)
    Congressman Kirk (R-IL)
    Congressman Knollenberg (R-MI)
    Congressman Kolbe (R-AZ)
    Congressman Kucinich (D-OH)
    Congressman LaHood (R-IL)
    Congressman Lampson (D-TX)
    Congressman Lantos (D-CA)
    Congressman Larsen (D-WA)
    Congressman LaTourette (R-OH)
    Congresswoman Lee, Barbara (D-CA)
    Congressman Levin (D-MI)
    Congressman Lewis, Jerry (R-CA)
    Congressman Lewis, John (D-GA)
    Congressman Linder (R-GA)
    Congressman Lobiondo (R-NJ)
    Congressman Lofgren (D-CA)
    Congresswoman Lowey (D-NY)
    Congresswoman McCarthy, Carolyn (D-NY)
    Congresswoman McCarthy, Karen (D-MO)
    Congressman McCotter (R-MI)
    Congressman McDermott (D-WA)
    Congressman McIntyre (D-NC)
    Congressman McNulty (D-NY)
    Congressman Majette (D-GA)
    Congresswoman Maloney (D-NY)
    Congressman Manzullo (R-IL)
    Congressman Matheson (D-UT)
    Congressman Meehan (D-MA)
    Congressman Meek (D-FL)
    Congressman Meeks (D-NY)
    Congressman Robert Menendez (D-NJ)
    Congresswoman Millender-McDonald (D-CA)
    Congressman Miller, Brad (D-NC)
    Congressman Miller, Gary (R-CA)
    Congresswoman Miller, Jeff (R-FL)
    Congressman Mollohan (D-WV)
    Congressman Moran, Jim (D-VA)
    Congresswoman Myrick (R-NC)
    Congresswoman Napolitano (D-CA)
    Congressman Neal (D-MA)
    Congressman Ney (R-OH)
    Congressman Pallone (D-NJ)
    Congressman Payne (D-NJ)
    Congressman Pearce (R-NM)
    Congressman Pickering (R-MS)
    Congressman Pitts (R-PA)
    Congressman Price (D-NC)
    Congresswoman Pryce (R-OH)
    Congressman Putnam (R-FL)
    Congressman Radanovich (R-CA)
    Congressman Rahall (D-WV)
    Congressman Rangel (D-NY)
    Congresswoman Ros-Lehtinen, Ileana (R-FL)
    Congressman Rothman (D-NJ)
    Congressman Royce (R-CA)
    Congressman Ryan, Tim (D-OH)
    Congresswoman Sanchez, Linda (D-CA)
    Congresswoman Sanchez, Loretta (D-CA)
    Congressman Saxton (R-NJ)
    Congresswoman Schakowsky (D-IL)
    Congressman Schiff (D-CA)
    Congressman Scott, Robert (D-VA)
    Congressman Schrock (R-VA)
    Congressmen Sessions (R-TX)
    Congressman Sherman (D-CA)
    Congressman Smith, Adam (D-WA)
    Congresswoman Solis (D-CA)
    Congressman Souder (R-IN)
    Congressman Spratt (D-SC)
    Congressman Stark (D-CA)
    Congressman Stearns (R-FL)
    Congressman Thompson, Mike (D-CA)
    Congressman Tierney (D-MA)
    Congressman Toomey (R-PA)
    Congressman Towns (D-NY)
    Congressman Turner, Michael (R-OH)
    Congressman Udall, Mark (D-CO)
    Congressman Udall, Tom (D-NM)
    Congressman Upton (R-MI)
    Congressman Van Hollen (D-MD)
    Congressman Visclosky (D-IN)
    Congressman Vitter (R-LA)
    Congressman Walsh (R-NY)
    Congresswoman Watson (D-CA)
    Congressman Watt (D-NC)
    Congressman Weiner (D-NY)
    Congressman Weldon, Dave (R-FL)
    Congressman Wexler (D-FL)
    Congressman Whitfield (R-KY)
    Congressman Wu (D-OR)





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  • bank_king2003
    09-17 01:30 PM
    Myself and wife are going to India in end of October and coming back in mid on November (We have already purchased the tickets).
    I would like to know our options to reenter the US.

    Our status:
    1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
    2. We both have Valid AP and is expiring in feb 2011.
    3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
    4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.

    My questions (I know this has been discussed many times in different threads but its all spread across with different information):
    1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
    2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?


    Please advice as soon as you can.
    Thanks

    Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.

    short answer - i had been in your situation and what my laywer told me is this

    doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.

    Secondly, you are all good to continue working on your H1b even after entering through AP.

    this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.

    Good Luck !!



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  • GC08
    04-08 09:56 AM
    If the law is changed. All dates will be current. if it's not changed your date from 2005 means squat. There are abt 200K ppl in the line ahead of you.. no way you are getting anything this life.. maybe you can leave your PD in inheritance to your kid born in India :)
    So your GC process shouldn't be a factor.. you got great offer.. leave..!

    Go for the better job... Nobody knows what's going to happen. I wish I had done that 3 years ago. :(

    This is especially true considering the uncertain, erratic nature of U.S. immigration. The only thing you can do is to grap whatever is "certain" to you right now. Otherwise, you may get stuck with a bad job, a bad company, a bad boss and still not getting your green card, either because of the backlog or unforeseen lay-off. At that time, you will realize you have got nothing... That feeling really sucks!!! :mad:





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  • Administrator2
    03-25 10:32 AM
    Hi antony,

    Sorry to hear that. Could you please email us (info@immigrationvoice.org) a number to reach you.

    Is there something that another member on the forum can do to help antony?

    Thank you for speaking up for yourself and the community.



    I was offered a job by a top TARP funded bank and got my offer also around Jan end. Then they found out that TARP funded company cannot hire H1's. They kept me as a contractor for 3 months so that they could try for a work around. In the mean time they interviewed almost 80 people ( out of numerous applications ) and still couldn't find a better person. Now they are trying to keep as a contractor for indefinite period, but they cant do that as well ( top management not supporting ). I just went and talked to my director. She said " It seems that I have to settle for a less qualified person ".
    They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
    Really sad that I cant join their team.
    I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?



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  • 485Mbe4001
    11-10 02:34 PM
    One of the funniest movies i have ever seen.:)..'swiss cake hai, thoda khao, thoda feko'

    I think we should still concentrate on taking to Sen. McCains office. Immigration reform was his pet project and now that the election is over he can muster up the bipartisan effort required to move this forward. Immigration is not high on Obamas agenda and i doubt you will see action from him on that issue. The other option is to keep pushing for the 5882 during the lame duck session.
    Meeting the first lady will be a waste of time and efforts...imo.

    Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.

    .





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  • Ramba
    09-25 07:11 PM
    Thanks for the reply. My lawyer told me that she has seen a case when the green card application was accidently submitted with a copy of an expired passport, and there wasn't any problem. However, she's not certain if this is what happens with every application submitted with an expired passport.

    Could someone with experience related to this please reply? I'd really appreciate it.

    Passport is a just a travel document to enter. Once entered legally, passport has no importance for immigration (GC) purpose. There is no need to renew the passport, unless you plan to travel. In fact, you dont need a passport to enter USA, if you have Green card. The important thing is that you have to always maintain legal status in US. If you are in non-immigrant status, you have to watch for I-94 expiry, and renew them on time. Not the passport. If you are apply for GC, USCIS want to confirm that you entered the US legally with valid visa and maintained your legal status in US. They dont care about the expiry of ypur passport.



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  • jamesbond007
    12-08 04:39 PM
    I wish! :)

    I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

    Yes. We are foreigners no matter how much tax we pay or how law abiding we are...

    Let us not assume. The worst that can happen from this request for a seat at the table is that they will deny the request.
    There is a first time for everything. The transition team having a transparent open door policy for anyone's suggestion itself is a novel idea.

    Obama and company are looking for ways to create jobs and revive the economy. Any idea that works towards those goals, I am pretty sure they will be all ears.





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  • glus
    01-20 05:04 PM
    Does that mean we are no more after the goal of I-485 provision (attached to appropriation bills in Feb) due to lack of contributions? There has been several posts even in other forums saying that IV has dropped this goal, and I tried quite a few times now to get some form of confirmation/denial from any of the core members, but without any luck yet. Also logiclife's announcement was removed from the home page!!


    It does mean that me need more funds. IV has not announced it has dropped the I485 idea. Now a lot depends on us, the members.

    G





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  • sunny1000
    02-02 09:33 AM
    Thanks MC thats a valid Point.

    There are 2 reasons that I thought of for not applying / renewing.

    1) I'm not planning on going anywhere after / atleast for a year.

    2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

    Appreciate your time.

    Regards
    Karthik

    If I were you, I would still renew the AP and keep it handy as your PD is still a couple of years away before becoming current. There will be no issues with a new AP pending as long as you have an approved AP in hand for the travel.





    arnet
    11-22 09:28 PM
    this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.

    http://immigrationvoice.org/forum/showthread.php?t=1206&highlight=foia

    Dear my friends Can I get copy of LC filing copy and 45 letter copy through
    FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.





    psam
    10-21 01:13 AM
    . if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

    I don't think you will get in trouble with IRS. Because your W2 will have less salary stated. However for H1-B purpose, you salary will drop from what was probably stated on your H1-B application. No one is going to notice this. But just don't do this, when your H1-B stamping or renewal is near, so that you will have full salary mentioned in your recent paystubs.

    --I am PC. Not an attorney or tax consultant :)