Hong12
02-04 12:52 AM
I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
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aadimanav
10-19 11:27 PM
Processing Time Upated
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
waitingnwaiting
09-30 03:10 PM
mods - please delete
Why? I disagree. Did you even read what was written.
We Indians should know what Chinese are planning against our interests.
Why? I disagree. Did you even read what was written.
We Indians should know what Chinese are planning against our interests.
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shx
05-25 04:01 AM
Fax sent
more...
mayhemt
09-13 03:21 PM
Whom are you going to sue? Which 'LAW' did they break? Yes you can sue federal agencies or any government agency (up to certain extent), IF you can prove they are breaking law.
Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.
Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....
Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..
Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.
Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....
Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..
javadeveloper
03-28 01:27 PM
Thanks, but will there be any charges against me for not filing the taxes before.
WIll it effect my immigration status.
What I heard from others is:
1.If we owe money to State/Fed then it may be a problem
2.No problem if we are supposed to get money from State/Fed
I May be wrong , but check with others too
WIll it effect my immigration status.
What I heard from others is:
1.If we owe money to State/Fed then it may be a problem
2.No problem if we are supposed to get money from State/Fed
I May be wrong , but check with others too
more...
a_yaja
06-26 03:31 PM
My view is immigration intent part will not impact much. Just it is giving more power to consulate. Consulate may reject some candidates who are not having strong job offers. It is similar to F1 visa. But nowadays F1 visa rejections are very less compared to past
I disagree. It is easier for students to get F1 because they are unsure of their future (no job, no money, what will they do without either of these) and consular officers can then accept future uncertainity as "no intent to immigrate". Replace a just graduated college student with someone who has 5 - 10 years of experience but not married or does not own property. The consular officer will immediately reject the visa.
This is also the case with a lot of B1/ B2 visa applicants. I have seen many first time visa applicants who are parents who have had their visa rejected because they did not own a home and/ or they did not show proof of having substantial bank money.
H1s will also have to prove this from now on. And tell me someone who has a good job and a house and kids going to school who will want to come to US on a H1.
I disagree. It is easier for students to get F1 because they are unsure of their future (no job, no money, what will they do without either of these) and consular officers can then accept future uncertainity as "no intent to immigrate". Replace a just graduated college student with someone who has 5 - 10 years of experience but not married or does not own property. The consular officer will immediately reject the visa.
This is also the case with a lot of B1/ B2 visa applicants. I have seen many first time visa applicants who are parents who have had their visa rejected because they did not own a home and/ or they did not show proof of having substantial bank money.
H1s will also have to prove this from now on. And tell me someone who has a good job and a house and kids going to school who will want to come to US on a H1.
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snathan
02-11 12:20 AM
Please contribute
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
more...
logiclife
08-20 04:33 PM
Some member has lost the opportunity to file 485 before Aug 17th coz the employer and the lawyer didnt respond and responded after Aug 17th. (How convenient. A lot of employers suddenly found vacation time to take between July 17 and August 17th. Suddenly, between July 17 and Aug 17, the voicemails stopped working and the calls never got returned. Nice. )
The whole thing is here : http://immigrationvoice.org/forum/showthread.php?t=12576
This is something for everyone to watch and learn:
I tried to contact the attorney so badly until Aug 16th, but he never responded. I was able to get hold of him only on Aug 17th. I guess he was directed by my employer so.
The cardinal rule of working with untrustworthy employers is that you need to use ONLY YOUR OWN LAWYER.
The lawyer must be having you as client and also must not have your employer as his client for other cases matters. ONLY then, the lawyer will be working in YOUR interest and not in your employer's interest.
I think people browsing this site by this time, must have learned one thing and I sure have said that a million times.
IF YOU CANNOT TRUST YOUR EMPLOYER 100% THEN YOU NEED TO SHELL SOME $$$ AND HIRE YOUR OWN LAWYER FOR ALL LEGAL MATTERS AND ALL PAPERWORK, FILING, PETITIONING ETC. EVEN H1 RENEWALS.
At the end of the day, between your first day in United States and the day you get your GC, it will cost you nearly 10,000 to have your own lawyer and never use the company-provided free lawyer.
Having your own lawyer means:
1. You pay him, you employ him, he is accountable to you, not your employer.
2. He/she works in your interest, not the employer's interest.
3. If your employer is not co-operating, you will know right away.
4. Your employer would have to come clean and truthful about his intentions of not filing 485. When you have company's lawyer, then the company's lawyer is not going to listen to you. WHY? Because you are not the one paying him. Your employer is.
5. Full transparency and visibility, whenever anything is filed, receipt is issued, RFE comes, reply to RFE goes, etc. With employer's lawyer, you have 0 visibility and you will land in situations mentioned above.
The money you think you are saving with getting a "Free" lawyer is going to cost you much more. The employers are not stupid to provide you free lawyers. The reason they tend to have free lawyers for you is so that they can have total control over your immigration case. Its "Free" for you, but not really. Coz at the end of the day, it costs 10 times more in terms of lost opportunities and delayed immigration. The employers are in the business of doing business and for them, providing you a free lawyer is COST OF DOING BUSINESS because by incurring that cost, they maximize THEIR OWN OPPORTUNITIES to retain you on their payroll for the longest possible time. You may think you are saving money, but this isnt about money.
Its about opportunities and the battle for most opportunities for oneself and the least opportunities for the other guy.
So when you end up spending 10,000 out of pocket on lawyer's fees for H1 renewals, labor, 140, 485 etc, consider that as an opportunity cost.. Just like you need to spend $500 per month on gas and car to be able to get to work, you need to spend a few thousand in order to be able to get opportunities you really want in this country.
One more thing before you go out and hire your own lawyer:
After reading this, if ever you are in search of hiring your own lawyer for immigration needs, make sure that the lawyer has never done any business with your employer. Otherwise it defeats the purpose. You need to ask your new attorney, if he has done or planning to do business with your employer. If he has, or plans to, then dont hire him. Why? Because its obviously conflict of interest. You are asking your lawyer to work in your interest (faster and mistake-free GC filing) and your employer wants to opposite. Its is unethical for lawyers to work for 2 clients with conflicting interests. Also, ask your lawyer before hiring that YOU NEED HIS FULL DISCLOSURE if he plans to do business with your employer. That way, you know that your lawyer is acting in your interest without any possible conflicts. The problem with getting your employer's recommended lawyer is that your employer pays him nearly 50-60 thousand dollars a year in fees, you are a $1000 a year client. Obviously, at the nudging of your employer, suddenly your 485 might get screwed up by your lawyer.
The whole thing is here : http://immigrationvoice.org/forum/showthread.php?t=12576
This is something for everyone to watch and learn:
I tried to contact the attorney so badly until Aug 16th, but he never responded. I was able to get hold of him only on Aug 17th. I guess he was directed by my employer so.
The cardinal rule of working with untrustworthy employers is that you need to use ONLY YOUR OWN LAWYER.
The lawyer must be having you as client and also must not have your employer as his client for other cases matters. ONLY then, the lawyer will be working in YOUR interest and not in your employer's interest.
I think people browsing this site by this time, must have learned one thing and I sure have said that a million times.
IF YOU CANNOT TRUST YOUR EMPLOYER 100% THEN YOU NEED TO SHELL SOME $$$ AND HIRE YOUR OWN LAWYER FOR ALL LEGAL MATTERS AND ALL PAPERWORK, FILING, PETITIONING ETC. EVEN H1 RENEWALS.
At the end of the day, between your first day in United States and the day you get your GC, it will cost you nearly 10,000 to have your own lawyer and never use the company-provided free lawyer.
Having your own lawyer means:
1. You pay him, you employ him, he is accountable to you, not your employer.
2. He/she works in your interest, not the employer's interest.
3. If your employer is not co-operating, you will know right away.
4. Your employer would have to come clean and truthful about his intentions of not filing 485. When you have company's lawyer, then the company's lawyer is not going to listen to you. WHY? Because you are not the one paying him. Your employer is.
5. Full transparency and visibility, whenever anything is filed, receipt is issued, RFE comes, reply to RFE goes, etc. With employer's lawyer, you have 0 visibility and you will land in situations mentioned above.
The money you think you are saving with getting a "Free" lawyer is going to cost you much more. The employers are not stupid to provide you free lawyers. The reason they tend to have free lawyers for you is so that they can have total control over your immigration case. Its "Free" for you, but not really. Coz at the end of the day, it costs 10 times more in terms of lost opportunities and delayed immigration. The employers are in the business of doing business and for them, providing you a free lawyer is COST OF DOING BUSINESS because by incurring that cost, they maximize THEIR OWN OPPORTUNITIES to retain you on their payroll for the longest possible time. You may think you are saving money, but this isnt about money.
Its about opportunities and the battle for most opportunities for oneself and the least opportunities for the other guy.
So when you end up spending 10,000 out of pocket on lawyer's fees for H1 renewals, labor, 140, 485 etc, consider that as an opportunity cost.. Just like you need to spend $500 per month on gas and car to be able to get to work, you need to spend a few thousand in order to be able to get opportunities you really want in this country.
One more thing before you go out and hire your own lawyer:
After reading this, if ever you are in search of hiring your own lawyer for immigration needs, make sure that the lawyer has never done any business with your employer. Otherwise it defeats the purpose. You need to ask your new attorney, if he has done or planning to do business with your employer. If he has, or plans to, then dont hire him. Why? Because its obviously conflict of interest. You are asking your lawyer to work in your interest (faster and mistake-free GC filing) and your employer wants to opposite. Its is unethical for lawyers to work for 2 clients with conflicting interests. Also, ask your lawyer before hiring that YOU NEED HIS FULL DISCLOSURE if he plans to do business with your employer. That way, you know that your lawyer is acting in your interest without any possible conflicts. The problem with getting your employer's recommended lawyer is that your employer pays him nearly 50-60 thousand dollars a year in fees, you are a $1000 a year client. Obviously, at the nudging of your employer, suddenly your 485 might get screwed up by your lawyer.
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bfadlia
03-17 02:15 PM
I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.
actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.
actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.
more...
manand24
08-03 12:20 PM
After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.
On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.
2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.
You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.
Good luck
From what I have heard, you can be on H1B and still use AP to come back into the US. No need to get a Visa stamping for the H1B to travel.
On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.
2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.
You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.
Good luck
From what I have heard, you can be on H1B and still use AP to come back into the US. No need to get a Visa stamping for the H1B to travel.
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Lisap
09-12 05:27 PM
same situation...
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
Just hang in there you will have your receipts soon!!
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
Just hang in there you will have your receipts soon!!
more...
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sina
01-15 09:52 AM
You can travel with old visa and new approval i797. I have traveled with these documents and no problem at POE. No need to get new stamping.
You cannot travel with old visa and only receipt of H1 transfer because when you apply a petition you have to be in the country till it is approved. If you travel, some lawyers are of the opinion that the application gets invalidated.
I was in such a situation and I used premium processing and went with the new I-797.
Hope this helps. Also consult your lawyer if you decide to go with the receipt notice only.
You cannot travel with old visa and only receipt of H1 transfer because when you apply a petition you have to be in the country till it is approved. If you travel, some lawyers are of the opinion that the application gets invalidated.
I was in such a situation and I used premium processing and went with the new I-797.
Hope this helps. Also consult your lawyer if you decide to go with the receipt notice only.
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bsbawa10
08-03 12:27 PM
Chandu: I disagree with you. I think nobody complained on the website itself. People were unhappy with what it showed. The case status is incomplete and very abstract. I do not think anybody cared about navigation or buttons. Besides, it really they listened to the complaints, they would have fixed many more things before this thing. This would have been the last piece to do especially if they are having lack of workforce.
more...
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ImmiRam
09-13 02:39 PM
You can always fight....so long u have cash to burn.
I am talking about Class Action Lawsuites (not sure if it applies to Fefderal agencies).
btw, I dont get why I am already 'infamous' :)
I am talking about Class Action Lawsuites (not sure if it applies to Fefderal agencies).
btw, I dont get why I am already 'infamous' :)
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GCSOON-Ihope
12-14 02:43 PM
Where can we find information for e filing EAD/AP Renewals ?
Follow this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f3fe194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
Follow this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f3fe194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
more...
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kshitijnt
06-25 02:39 AM
Its not practical that all or any approved applications will be impacted.
http://www.ilw.com/immigdaily/digest/2008,0616.shtm
The heat is being turned on DOL.
http://www.ilw.com/immigdaily/digest/2008,0616.shtm
The heat is being turned on DOL.
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mirage
03-14 10:22 AM
I have met my rep. He took the letter etc but nothing happens after that. Starting a new campaign to the USCIS director doesn't dilute the issue, rather it makes our case stronger, this way we are telling them we are really really troubled...
Please don't dilute the admin fix effort by starting another letter campaign.
IV just finished a letter campaign in which one of the items were 3 yr EAD/AP. Why do we need another letter campaign? There is still lot of work going on related to the Admin fixes, please do work with your state chapters to setup meetings with lawmakers to seek their support for the Admin fix effort.
Please don't dilute the admin fix effort by starting another letter campaign.
IV just finished a letter campaign in which one of the items were 3 yr EAD/AP. Why do we need another letter campaign? There is still lot of work going on related to the Admin fixes, please do work with your state chapters to setup meetings with lawmakers to seek their support for the Admin fix effort.
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glen
05-02 03:57 PM
:)
paskal
02-14 03:44 PM
Physicians measures:
We have been actively engaged in discussions with senate leaders on physician issue over the last few months. Members of our chapter traveled to DC to attend a key Senate task force meeting on physician immigration and current challenges. We also attended the AAPI legislative day event in DC and found support from lawmakers and from AAPI.
We strongly encourage everyone to be strongly behind the administrative fixes campaign, as this will bring considerable relief while we battle for immigration reform. letters from physicians and their colleagues will carry their own weight. Ask your employers too and approach your lawmakers!
Our efforts have shown signs of bearing fruit in recent times. Recently we were privileged to be part of a discussion on an upcoming physician bill that would satisfy our primary agenda: quota free green cards for physicians that serve in under served areas. The current proposal would encompass both J1 and H1B physicians. This would be an interim step towards reform- a more wide ranging bill is expected in the future.
We are hoping that this bill can be brought up for voting at some point in the near future. We will need help from many physician members to achieve our objective. A successful result would resolve the entire issue for many physicians AND would establish for the first time a principal that IV has espoused: skilled immigrants that work in the national interest should not be bound by quotas. This precedent would go along way in resolving the larger immigration morass as well.
The chapter thanks all it's active members and IV for the efforts and support that have led us this far. If you want to join the physicians chapter, use the links in my signature. Remember that membership is contingent upon disclosing at least your name and contact number, which is kept confidential at all times.
We have been actively engaged in discussions with senate leaders on physician issue over the last few months. Members of our chapter traveled to DC to attend a key Senate task force meeting on physician immigration and current challenges. We also attended the AAPI legislative day event in DC and found support from lawmakers and from AAPI.
We strongly encourage everyone to be strongly behind the administrative fixes campaign, as this will bring considerable relief while we battle for immigration reform. letters from physicians and their colleagues will carry their own weight. Ask your employers too and approach your lawmakers!
Our efforts have shown signs of bearing fruit in recent times. Recently we were privileged to be part of a discussion on an upcoming physician bill that would satisfy our primary agenda: quota free green cards for physicians that serve in under served areas. The current proposal would encompass both J1 and H1B physicians. This would be an interim step towards reform- a more wide ranging bill is expected in the future.
We are hoping that this bill can be brought up for voting at some point in the near future. We will need help from many physician members to achieve our objective. A successful result would resolve the entire issue for many physicians AND would establish for the first time a principal that IV has espoused: skilled immigrants that work in the national interest should not be bound by quotas. This precedent would go along way in resolving the larger immigration morass as well.
The chapter thanks all it's active members and IV for the efforts and support that have led us this far. If you want to join the physicians chapter, use the links in my signature. Remember that membership is contingent upon disclosing at least your name and contact number, which is kept confidential at all times.
txh1b
09-14 12:16 PM
Case 2:
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?