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  • hopefulgc
    06-02 09:23 AM
    Most status related issues are wiped off after a travel outside US.

    What I would worry about most is if any misrepresentation was made to USCIS as far as status goes. Years later or even during naturalization, one's could face audit and possible revocation of an approved application.





    I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
    1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
    2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
    3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
    4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
    5. After delays received SS card in March' 06.
    6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
    7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
    8. Continuous paychecks since jun '06
    9. Haven't traveled abroad after getting H1B approved.
    9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.

    So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??

    Also, it says on USCIS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.





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  • Life2Live
    07-07 06:46 PM
    Hi can someone provide link plz





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  • kghoshal
    11-16 11:17 PM
    In fact, I got laid off recently, my LC gone, which was filed on Sep,2004. I am looking for job again on my 8th year H1B extension. In this uncertain future it is better to return home for me.





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  • anura
    04-29 03:34 PM
    Then my apologies to Tony.



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  • mariusp
    02-20 06:40 PM
    I read the document and here's what I think is the important part:

    In a subset of these
    case, the FBI name check request that been pending for more than 180 days.

    This means that only a part of those 47k applications are pending for more than 180 days. This doesn't say they will approve 47k in March.

    Why mid March? Well that's the time of the month when the VB will be published so I'm curious to see how the April VB will look like.





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  • ca_immigrant
    10-30 08:46 PM
    what an unnecessary hassle.....good that all is ok for your case !!



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  • gc_on_demand
    10-29 11:38 AM
    they have delayed processing time so more people will file for premium processing and they earn more money. H1b quota is not filling up and all of a sudden processing time went from 2 to 6-7 months in 1 month. Because so many people ( h1 - h4 ) might be travelling in dec - jan season. Come back in feb - march and processing time will be again 2 months.





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  • garybanz
    11-02 02:16 PM
    Papu,

    Is IV in a position to check with USCIS on the official guideline for this issue?

    Thanks.


    Questions for everyone to research and post the answers------


    -- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.

    -- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.

    -- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.



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  • p_kumar
    09-27 09:44 PM
    enggr ran away. He faked his experience(which most of the people do, I think to get GC) and tried to get EB2. Good and Inteligent IO catched it and sent RFE. Ran away for life.

    AND INTELLIGENT IO CATCHED IT?.:D





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  • illinois_alum
    08-12 06:08 PM
    Another similar Question:
    do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.

    I know that other than the GC and the passport...you don't need any other document. I guess your question can be interpreted as ...would those other documents help if you somehow lose your GC while traveling outside?



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  • svr_76
    03-11 05:17 PM
    I find the requirements for H/L visa at Hyderabad quite legit.

    Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.

    Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.


    As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).

    What's wrong in asking these documents?





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  • vin13
    06-24 04:17 PM
    From Washington Post:Senate Subcommittee Chair Lays Out Priorities for Immigration Reform - washingtonpost.com (http://www.washingtonpost.com/wp-dyn/content/article/2009/06/24/AR2009062402244.html?hpid=moreheadlines)

    Congress can pass a comprehensive overhaul of the nation's immigration laws as soon as this year if it prioritizes a crackdown on illegal immigration, including a new national identity card that will verify workers' eligibility, Sen. Charles E. Schumer (D-N.Y.) said today.

    Speaking one day before President Obama is to host lawmakers from both parties at the White House to discuss prospects for an immigration bill, the head of the Senate's main immigration subcommittee laid out key legislative priorities, including requiring that an estimated 12 million illegal immigrants register with the government and "submit to a rigorous process to convert to legal status" or face immediate deportation.

    Legislation must also create mechanisms to attract high-skilled immigrants, control the flow of low-skilled immigrants and protect native-born workers, Schumer said, without providing specifics. He did not propose an expanded guest-worker program, a linchpin of overhaul efforts that failed in 2006 and 2007 under President George W. Bush.

    In laying down a road map for legislation, Schumer set the groundwork for tomorrow's White House meeting, a long-awaited session that immigrant advocates and Latino leaders have demanded as proof that Obama will fulfill a campaign pledge to move forward on immigration legislation this year.

    Schumer said he expects Obama to show his "unyielding commitment" toward the goal but demanded that advocates recognize that Democrats must show the American people they believe that "illegal immigration is wrong -- plain and simple."

    "All of the fundamental building blocks are in place to pass comprehensive immigration reform this session and, even possibly, later this year," Schumer said. "I truly believe that [President Obama's] leadership will be the critical difference in getting us over the hump this time around."


    However, Schumer added, "the American people will never accept immigration reform unless they truly believe their government is committed to ending future illegal immigration. . . . Advocates understand the need to embrace this principle during the current debate."

    As examples, the New York Democrat -- who has taken the lead in the Senate immigration debate in the place of the ailing Sen. Edward M. Kennedy (D-Mass.), who is focusing on health-care legislation -- said the federal government must achieve "operational control" of the nation's borders within a year and develop new ways to enforce laws against hiring illegal immigrants.

    Schumer's proposal for a national "biometric" identification system to verify work documents -- based on fingerprints, iris scans or digital photographs -- stems from a key weakness of past immigration overhaul efforts. A 1986 law required workers to fill out I-9 forms and present identification documents, but it lacked provisions to crack down on unscrupulous employers or job seekers with fake IDs, creating a booming fraudulent ID industry.

    "I'm sure the civil liberties groups will object to some type of biometric card -- it will be something with all kinds of protections -- but we're going to have to do it. It's the only way to do it," Schumer said, referring to enforcing laws against hiring illegal immigrants.



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  • walking_dude
    01-14 11:36 AM
    This is the simplest Action Item ever, no travel, no holding placards, no visits to lawmakers, no real world activity. All that's needed is pen, paper, envelope and a stamp.I can't imagine anyone here who cannot afford any of these items.

    Most members here will benefit here by 3 year EAD/APs, job flexibility and promotions. Members who missed the July VB boat, and new applicants, will get to apply 485 and get into the line. There was a hue and cry sometime back about restarting I-40 PP. Even that group stands to benefit as their demands are included too.

    Hence the current low-level of participation is surprising. If we cannot collectively write even a letter for our cause, we might as well pack up or stop waiting/discussing VBs. They will be bleak for at least 4-5 years more. Come on folks, we can do better than this. We will write those letters and we'll succeed.

    Write those letters and update the tracker. Your kids will thank you for it when they growup (all the money saved from 10 years EAD/AP can be turned into savings for them)





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  • logiclife
    12-13 03:29 PM
    please give us the name of this company so that we can inform ICE and do our duty to stop fraud.

    What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?

    I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it. My only hope is this guy/gal gets his/her employer to use his/her own lawyer instead of company lawyer so that he has control over his case. Otherwise, this guy/gal will be in more pathetic condition than everyone who goes thru 3-4 years of retrogression.



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  • heywhat
    05-30 02:04 AM
    Done





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  • mwin
    05-15 02:06 PM
    You can some idea about 140jibjab by reading his old posts.

    I disagree with the first part of your statement. There are no guarantees in life. But, giving unsolicited advice especially without knowing what happened in their marital life is no good. Only he and his spouse would know what happened and it is completely up to them to decide what is good for them. He has clearly told in his post that he has given his best and it is at a point of no return. Only people who go thru this grueling experience can understand how hard it is.

    140jibjab was merely asking for help with his 485 application and if you can, please advise him on that . If not, please leave him alone.

    I am sure I am going to get a lot of red dots for this and so be it.



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  • yabadaba
    07-06 03:08 PM
    they have daily podcasts of the news... we can watch it on those





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  • realizeit
    02-11 11:53 PM
    Mr MPADAPA,

    I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.

    You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.

    I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.

    To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.

    My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.

    MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.

    If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".

    Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.

    Good luck :)




    realizeit, you just didn't get the unused visa calculation.
    By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.

    Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.

    My complete earlier reply

    Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.

    In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).

    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

    In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.

    In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!





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  • shukla77
    05-30 06:23 PM
    current count 260.Great job everyone.I was chatting with few friends casually and mentioned this. Four of them also have voted. If we can hit 300 by end of the day today, that will be pretty impressive. As someone said, even though this might seem very insignificant but spending 3-4 minutes is definitely not going to hurt us.

    Keep it up..





    rbanerjee
    12-14 04:31 PM
    usage of spill over must be based on demand estimates and cannot be an exact science.

    removal of ROW spill-over must be in anticipation of the dam burst expected when the BECS finally cross pass the april 30 PDs ( ROW being a big majority of these applications).

    We need to look at what the BECs are doing and where they are wrt apr 2001 apps. I believe they are almost past it or in the thick of it. there would be a 3-4 month lag since a lot of these guys are going through recruitment.

    That will tell us whether we are seeing the worst or if it can get worse.





    hebron
    07-06 03:47 PM
    Wishful thinking - Would be nice if the court went against AZ and asked the congress and senate to resolve the issue soon through legislative action. Republicans will be against any sort of amnesty, so not a thing will happen till November, but there may be chances of piecemeal legislations to address legal immigration issues if Republicans get the majority.

    I have paid over $10 K in attorney fees so far and Obama wants to legalize the illegals who broke the law by granting them amnesty and asking them to pay a "fine"? If this happened in our home country, wouldn't we all do the same and think the same as the people of Arizona? I'm in favor of AZ taking this initiative .



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