Minggu, 26 Juni 2011

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  • belmontboy
    09-06 03:02 AM
    For USCIS all desi's lookalike :p





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  • sc3
    08-14 02:57 PM
    I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
    Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
    Also kindly let me know how can I proceed if I want to file a DOL complaint?

    Are you on H1? OR are you a PR or USC??





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  • gcdreamer05
    01-30 11:07 AM
    Sorry to hear about your situation...

    There are few things you can do immediately. Try to see if you can afford to become a full time student (f1 visa)... talk to an attorney and find out this option, if you can join some school then you are not out of status, nor will be your wife.

    If you are eligible to apply for an EAD do that too.

    Really sorry man, dont worry this too will pass for sure...





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  • number30
    02-26 10:13 PM
    Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

    On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.

    Moreover 3/10 ban will apply only when someone is trying to re-enter US. That means if you stay in US until you get green card ban will never affect.



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  • vamsi_poondla
    01-19 01:17 PM
    Thank you for correcting. I was under the impression that most of the folks were pre-July 2007 filers (retro effective fees until Aug 17th ruling given by CIS). So I thought all impacted by June and July bulletins will be paying a lot without the admin fixes. And the whole hassle of renewals every year. Just cant imagine that we are in a developed country with such silly rules and all. This country needs immigrants now more than ever...People like us who can act, change and move things in a pragmatic way...

    Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.

    All, please act...time is the essence.


    The contrast correct, however the math behind is slightly wrong:

    Special Instructions :

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

    You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D

    So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.





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  • copsmart
    02-23 06:08 PM
    People can only give mere advise, but you are the one who is going to take the final decision that is right for you.
    The person who can answer some of your questions is nobody, but you.

    IMO, the market is not as good as you think, and it�s going through the worst recession ever.
    If not at your current job, you may have to take a pay cut at your future job, because that�s the current economic reality.

    Since you have asked� I would suggest you to stay where you are and float your resume in the market and see the kind of response you get. I hope you will have a better idea then.

    Good luck!

    shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.



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  • apahilaj
    04-21 07:19 PM
    Hi,

    I have couple of questions about renewing EADs and APs (mine and my wife's current EAD/AP expires on 8/29/08):

    1. I am currently on H1 and do not intend to use EAD in the near future. Can I skip my EAD renewal for now and if I need to use it say couple of months later (example: 5/01/2009) can I apply for extension at that time without any issues?

    2. My wife is currently on H4 visa and she will need EAD to work. Is there any issue if primary applicant does not apply for EAD but the dependent does?

    3. My lawyer had initially applied for mine and my wife's EAD and AP at the time of 485 filing. Can I apply for the renewals myself (is the procedure straight forward) or do I need to pay my lawyer for these renewals?

    4. My wife will need AP for travel purposes since she'll be using EAD to work. Does it make sense for me to apply for AP renewal given that I won't be using EAD in the near future? Only issue I see is if I have to travel outside of US and the officer asks for AP at port of entry. Can I apply for AP at any point in time?

    5. I am assuming that I have to wait for 120 days prior to the expiration of current documents in order to apply for their renewals, correct?

    Apologize for a huge list of questions, but I am trying to make a decision in the coming weeks.

    Any help/pointers any one can give will be greatly appreciated. Thanks.





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  • ajju
    08-30 02:06 AM
    RedHat,

    You were out of status for first 8 months.. It may reset once you went out of country and reenter... But still you need to take advice from a very good attorney... And you know it way down in your heart... don't you??



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  • jamesbond007
    11-19 03:32 PM
    Does this mean that, if we do not want to be overstepped in the Q, everyone has to have an attorney with AILA membership?? :eek:

    Everyone send chocolates/gifts to your attorney for Thanksgiving/Christmas and be on their good side.





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  • aadimanav
    11-02 12:31 AM
    Thanks SatyaRaj and Paskal.



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  • kshitijnt
    04-18 06:55 PM
    Today my wifes attorney informed her that her H1 was selected, non masters, non premium process. He also provided her a WAC number





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  • doubleyou
    05-19 01:30 PM
    Hi Did anybody else get response as background check and what is there experience



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  • 485_se_dukhi
    08-15 08:56 AM
    I'm posting it where ever I can on different forums.





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  • meridiani.planum
    04-01 03:34 PM
    inline...
    I spoke to one lawyer and he said I can respond to I-140 RFE myself if I know wht it is about.

    RFE goes to previous lawyer and previous employer. The I-140 is their petition. Ask this lawyer why an RFE will even be sent to you for the I-140? The 485 is your petition, any problem there and the RFE goes to you/your-lawyer. The 140 is the employers petition.

    If USCIS allows one to port I-1485 and approvable I-140 I am not sure what is all this mess about?

    the trouble is whenever there is a potential for an RFE, the case is by definition NOT "approvable". By definition the RFE implies that USCIS needs further information to process this case, and may choose to approve/deny based on your response to the RFE. An "approvable I-140" is one that does not need an RFE.

    Can't I myself respond to the RFE?

    no. other than online case status change you wont even know there is an RFE on your I-140. All communication is with the petitioner, who is your employer/sponsorer



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  • abq_gc
    08-22 06:56 PM
    This could be a second part of campaign for administative fixes. also, please include some strategy to fight for FIFO processing. This is also very important issue

    I don't think the core is even bothered to take up on issues like this where USCIS operations is concerned..

    why wait for all these bills to get passed to recapture visas and stuff like that when the ideal solution would be to make USCIS more efficient...

    Let's say Hr5882 passes in 2009... and recaptures all the lost visas ..but what will happen in 2012 ?? I assume another recapture bill would have to be passed to recapture the recaptured visas... this is all a joke....

    Why cant USCIS be more efficient and transparent from the beginning but I guess the core doesn't think its important enough right now.





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  • cat555
    07-08 11:14 PM
    One bad day, my employer just realized that I was overpaid $8000 over 2 years. When I was with the company, I was told it was accountant mistake and I don't have to pay anything. It was all verbal so I don't have any witness.

    After 2 months, I quit with 2 weeks notice.
    Now he wants $8000 back or he won't pay my last 2 weeks.

    I am on EAD and don't know what to do?

    Can anybody advice?



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  • atul555
    03-25 05:40 PM
    Yes, very good question. Everyone vote for this question.

    Good question.. I asked similar one.
    "Mr. President,
    I am patiently waiting for my employment based LEGAL green card to get processed for over 6 years and looking at 3-5 years more, putting on hold my plans to buy home, be an entrepreneur. I expect to wait but can it be reasonable? "
    I voted for other questions for legal immigration.





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  • prom2
    11-02 10:20 PM
    AP docs received.

    Just waiting for GC





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  • PHANI_TAVVALA
    01-02 01:55 PM
    Adding to what Vinzak mentioned above, you will have hard time converting to F-1 since your I-140 is filed/approved. F-1 requires non-immigrant intent and filing I-140 shows immigration intent. There is a high chance your H1B to F1 COS wiil not be approved by USCIS.





    rockstart
    03-02 10:00 AM
    The answer is Yes & No. You are correct that CIS should only care of status from last entry on visa. But CIS does ask for all the documents from your first entry to US. Though you can always invoke 245(k) in case you have status issues that does not stop CIS from asking old documents


    As I said before, one needs to show that he/she is maintaining status since last entry only. Your attorney should know this.


    ____________________
    Not a legal advice
    US citizen of Indian origin





    ilikekilo
    01-08 04:03 PM
    No offense to anyone but I think this is how the market is flooded sometimes with short term trained and oppurtunisticly timing decisions made by people.

    Before you change careers I think you ought to see whether it really fits ur goals and aspirations..my 2 cents... CHances are you may not even like that job and want ot get trained in something else...I dont make a boat load of money but I like my job so far...however if money is the sole (please dont confuse this with means of living) reason to get into any job there are so many jobs and fields one can explore and change often...Its all your personal choice...



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