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  • AZ_GC
    08-27 05:23 PM
    No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).

    Thanks,
    Jayant

    I agree this is illegal and there have been many cases where applications have been denied for fraud. I knwo that is not your intention but USCIS considers this sort of "arrangement" a fraud.





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  • shreekhand
    12-08 05:40 PM
    First off, you are in no way required to be there for 6 months. Secondly, you are not paid and have a GC, for God's sake...just move on and earn.

    Thirdly, you can ask them to lay you off, at least you would get Unemployment Insurance Benefit (remember this has nothing to do with any Naturalization or state burden issues.)

    How long would you stay in fear ???





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  • parablergh
    01-11 01:29 PM
    Just because you are here on an L-1A, that does not qualify you for EB1. The immigrant petition in question is likely the Multinational Manager (MM) I-140. If you were a manager abroad and are performing in a managerial role in the U.S., you may qualify for EB1. As you initially came over in L-1B status, it is more likely than not that you will not qualify for EB1.

    If you were in a managerial role (either functional or personnel) abroad, it may be worth discussing this option with your attorney. Odds are that they already examined this possibility and determined that it was an unlikely to succeed.





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  • java4yogi
    09-04 12:32 PM
    We do have the licence and bank accounts based on the h4 status.

    My main question was when we can apply for SSN if the employee is right now in US on H4 visa and Change of Status to H1 is approved. Whether the SSN can be applied before Oct 1 is the main thing !

    Thanks for the replies though, might help others in the same boat :)



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  • eyeopeners05@yahoo.com
    04-30 01:40 PM
    Hiring firm does not know anything about AC21 and so how do I guide their attorney ? What points should i specify to him to start my app ?





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  • meridiani.planum
    11-26 02:57 AM
    Hello Friends,

    I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.

    My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.

    Thank you.

    yes you can. Since your PD indicates your LC is >365 days old.
    new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.



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  • immi_seeker
    09-27 03:29 PM
    Okay this might seem really silly, but ... we got two kids < 2 years and our FP apt is at 8am. That's definitely going to mean cranky kids so I want to prepare as much as possible for the worst.

    Question - How much time does the FP process take for two people? Ours is code 3 - fingerprints, photos, if that makes any difference. Is there typically a long wait at the USCIS centers?

    I think the time it takes for FP varies from ASC's to ASC's. Mine was done at phoenix and it tooks three hours for us from the time we went in to time we came out. It it is in the morning i guess it would be much faster becuase yours my be one of the first appointments





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  • lazycis
    02-12 03:42 PM
    I am not sure what my status is at present.

    I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.

    My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.

    I do have the EAD permit and the AP which I presume is not being used at present.

    Please provide some guidance. My lawyer is not responding.

    First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.



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  • EndlessWait
    05-21 02:20 PM
    I don't want to discourage you, but IV has looked into all these options earlier and has realized that it would be fruitless to try and ask our lazy politicians to take up our case with the US govt. More over this is an internal matter of US govt and Indian government cannot influence their policies and laws. Why would you expect Indian govt. to fight for you, when you left the Indian shores and want to settle down in US for your comfort?
    Having said that, if you do have contacts and would like to take the lead in reaching out to the Indian govt, IV will support you. So please do the honors.

    Its not an internal matter anymore. We live in a global economy. If Mexican govt. can do it for there unskilled workforce. I guess we have a better case. Dont mind you sound to me like do it alone dude. Most of us have waited years of agony and waiting. Indian govt like any other govt will do it for there interests. Remember all the $$s that pour into our RBI reserve. If you thought that was because of Indians and had nothing to do with NRIs..think again!

    Its always about the same thing. US gets competitive having us on there side and India continues to enjoy the NRI effect. Its mutual.





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  • uma001
    12-19 09:59 AM
    Hi,

    My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:

    1. To apply for the SSN she would need the original I-797 and the I-94, correct?
    2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
    3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?

    Thanks in advance.

    Sagittarian,

    Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?



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  • ashkam
    03-29 11:40 AM
    Cacophonix, your refutation to the diarist's and Bob Oak's claims was brilliant, well-researched and best of all, well-articulated. Kudos to you.





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  • Pallavi79
    02-10 10:35 PM
    I spend lot of time to check status, emails, news.
    If I spend the same time in my career, I could have got my GC in EB1 or atleast I could have returned my home with lot better savings & good career back at the home country :rolleyes::rolleyes::rolleyes::rolleyes:



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  • gcdreamer05
    03-19 01:26 PM
    To safeguard your own identity try to use any identity protection program, i do not work for or i am nto trying to do sales here, but i have used Bank of americas program and i used it for like 1 year it was pretty good. They alert you if there is any fradulent transaction like if any one tries to open a credit card or something with ur ssn number etc...

    I would strongly suggest you do that and keep monitoring your reports.

    I have seen so many other programs on TV about identity theft prevention software, services etc... sign up for something to be on safe side.

    i also remember seeing something which rhymes with id lock or something, the CEO of that company displays his SSN number on all boards etc... i dont remember which one.

    Just google for identity theft prevention programs and you should see lots.





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  • ragz4u
    01-25 11:53 AM
    What is lobbying and is it legal?
    As per the definition at Wikipedia, Lobbying is the practice of private advocacy with the goal of influencing a governing body by promoting a point of view that is conducive to an individual's or organization's goals. more information can be found here http://en.wikipedia.org/wiki/Lobbying

    It is 100% legal and is in fact the preferred way of getting things done by most corporations. Corporations like Microsoft, Dell, Yahoo, Google etc have all used lobbying in the past and in fact I would go as far as saying that every Fortune 1000 firm has used lobbying at one point of time or another. Just search for any company name and the word lobbying on Google and you'll see what we are talking about

    What has lobbying got to do with the Immigration Bill?

    As we know from part III, Senator Specter will be creating a markup of the Senate Immigration Bill. This may/may not contain the provisions that the immigrant community is looking for.

    The differennt bills that are being considered for the markup are McCain Kennedy bill, Cornyn Kyl bill, the Chuck Hagel Bill and a few others

    This document by AILA compares the various versions of the bill in different categories http://www.shusterman.com/pdf/immreform106.pdf. This also considers a markup of Senator Specter which is unofficial at the moment. This means that until it gets officially presented to the Judiciary Committee for review, it could change anytime.

    This markup already seems to contain the provisions we need, what are we still worried about?

    If you have read my post on S.1932, you would know that a bill can be amended at multiple stages.

    1) Senator Specter could change his markup, after all he has not come out with an official version. Do not forget that the link above refers to an unofficial version of the markup. As per unconfirmed reports, the Chairman's markup could be out anytime between now and mid-march and a lot of things could change in the mean time

    2) Assuming that the markup does contain the provisions that we as immigrants are fighting for, any judiciary committee member can propose an amendment to the bill which could result in a an unwanted change. A case in point is the amendment that Senator Diane Feinstein proposed during S.1932 which reduced the increase in H1B visas from 60,000 to 30,000. Imagine if a senator brings in an amendment that strips off all the provisions for legal immigration!

    3) If the bill does not have strong support within the Judiciary committee, it could be voted out and it becomes history

    4) Assuming that the bill passes through the above steps, it is presented to the full Senate for a debate and vote. Here too any member of the senate can propose an amendment to the bill and the house votes on it. A case in point is the Byrd Amendment which was introduced by Senate Byrd from Virginia which sought to drop sections 8001 and 8002 from the S.1932. This was defeated by the a margin of 84-15 but remember that if it had enough support, S.1932 would have ended here

    5) Once the bill passes with the immigration provisions in the Senate, it is presented to a joint conference committee where a few senators and a few congressmen deliberate on which sections to include int he conference bill from among the House bill and the Senate bill. Remember that the house bill has already been passed (HR.4437) and it does not contain any immigration provisions. The House members could again force the senate representatives to drop the immigration provisions. The S.1932 bill's pro-immigration sections got dropped precisely at this juncture

    So as can be seen, there are various stumbling blocks towards achieving a favorable bill.

    The only way we can ensure that the pro-immigrant provisions do not get ignored or sacrificed is by lobbying. By lobbying we can ensure that the right folks at the right places can understand our concern and empathize with us.

    A lobbying firm can ensure that we send a consistent and effective message to the right people. As mentioned earlier, some of the lobbying firms have ex-Congressmen and ex-Senators on their boards. These folks have a great working relationship with the current senators and congressmen. These lobbyists can not only get our issues be heard by the powers, they can possibly influence them by using some political capital

    Why can't we just contact the lawmakers directly and tell them about it? Why spend money for lobbyists?

    We can definitely try doing this ourselves. This is a free country and nothing stops us from doing so. Unfortunately the effectiveness of such a method is questionable.

    During S.1932 proceedings, many members of this forum contacted their local congressmen and senators and asked for appointments. Many also conveyed their views to the staff and many also faxed their views in. Unfortunately the bill passed without the pro-immigration provisions. The message was not conveyed strongly enough and it was conveyed as individuals and not a group.

    It was realized that unless we present our case the way Washington, DC is used to seeing it (by hiring lobbyists), the message will not get through.

    Lobbyists have direct access to the actual congressmen and senators while the most we can hope is getting a key staff member's attention.

    A lobbyist can influence a house member, while we can only hope that the staff members pass our views to the house member.

    We do not know which members are really the ones to target and key decision makers and we might end up concentrating on the wrong house members. A lobbyist can help us identify these key members.

    All in all, a lobbyist can help us use our energy in the right way and not end up wasting it doing frivolous things and ultimately help us achieve our dreams

    And do not forget that some of the anti-immigration groups like numbersusa already have full time lobbyists working for them in DC. If we are to even put up a decent fight against these very dedicated anti-immigrant forces, we need to get help from a professional lobbying firm



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  • thomachan72
    11-05 06:21 AM
    The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o

    Can employer revoke 140?? It is not a visa. Ofcourse they will have to revoke an H1b, however, what is the argument that you have that indicates that employer should revoke 140?
    140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
    This is what I get from watching several discussions on various forums. If you have other information please post.





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  • overseas
    08-25 10:11 PM
    wizkid732,

    My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.

    On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.



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  • raju123
    06-11 06:12 PM
    Be careful for making every one fool !


    Mistake..............Now i am not able to change the title-sorry guys.





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  • Green Card Aspirant
    03-24 07:23 PM
    I too fall in the same boat. I see one of them responding for this post that we can apply for premium processing. If we apply for premium processing before 6 months , does it raise any questions at USCIS ... why this guy is applying for premium processing ?? Are we eligible to apply H1 B Extension with premium processing before 6 months of H1 B Expiry ??

    Thanks in advance





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  • dealsnet
    07-10 11:08 AM
    You can't take any pay check from other entity.( same owner does't mean same company- you may need to amend the petition, if you have diffrent job site with same pay check). You can take a part time H1B and work other site with diffrent pay check. If you have EAD (I-485 filed) you can take any pay check.

    Hi,

    Have a query in regard to the H1B Visa status. Would it be ok to work for a different branch of the same company, when my unit is not able to provide me with the required number of hours/week. I work for a hospital as a physcial therapist, and am having trouble maintaining the full time hrs, Other units of the same hospital are desperately in need of the therapists.(But working for them would be under different tax id and also would be a seperate pay check, but the same hospital though).

    Any answers would be highly appreciated.


    Thank you.





    redgreen
    11-12 11:09 AM
    This is simply called pure selfishness.


    The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).

    Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.

    The way nk2006 misused IV resources for such a simple personal issue is unpardonable .

    Knowing that there are such people among 'highly educated' is disheartening.





    jonty_11
    02-19 12:32 PM
    As per immigration-law.com..Senate may work on CIR in March 07 and hand it over to House by APril 07....House may however sit on it for years on end...

    02/18/2007: Need for Immigration Reform and Concerns with Growing Gridlock in Legislations in the Congress

    The Democrats launched a new Congress with aggressive platforms and legislative agenda on January 4, 2007. Madame Pelosi of the House set the first 100-hour legislative agenda and the Senate Majority Leader, Harry Reid presented on the Senate floor ten legislative bills as top priority for the first few months of the Senate.
    However, immersed in the party politics, the Congress left the Hill yesterday, Saturday, for a week long break without achieving a lot because of the gridlock it had faced in the Congress. Samo, Samo Washington politics involving the Republicans and Democrats. It practically means that the Congress wll not resume the active legislative activities until March 2007.
    S. 9, the Comprehensive Immigration Reform bill, adopted by the Senate floor, is in the Judiciary Committee of the Senate. The newly elected Chairman of the Judiciary Committee, Sen. Leahy, reportedly set the CIR as one of the top agenda of the Judiciary Committee for March 2007 and the Democratic leaders reportedly determined to pass the CIR by April 2007 and quickly send it over to the House for its prompt action. How beautiful the agenda of the new Congress.
    We want to watch carefully how closely the leaders of the House and Senate will follow through the agenda. In a way, from the perspectives of this immigration legislation agenda, we are relieved that the Congress was over with the most serious road block to the Congress, to wit, rebuke of Bush's resurge in Iraq.