Friday, June 17, 2011

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  • frostrated
    07-06 03:33 PM
    Using AP does not change one's immigration status. It is just a travel document. You will continue to maintain your H1-B even if you use the AP to re-enter.

    Using AP has no relation to using EAD. I have confirmed this with my attorney as well.

    you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.




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  • immi2006
    05-10 10:52 AM
    http://www.wsmv.com/global/story.asp?s=4883792

    WASHINGTON The U-S Senate is crafting legislation that would require employers to check the Social Security numbers and the immigration status of all new hires.

    Employers who don't and who hire illegal immigrants would be subjected to fines of two hundred- to six thousand dollars per violation.

    And once an electronic system is up and running, fines can jump to as much as 20 thousand dollars, along with the spectre of actual prison time.

    In the immigration law of 1986, Congress left it to employers to ensure they were hiring legal workers, but the law was not strictly enforced and the market has become swamped with fraudulent documents.




    Reported on http://www.immigration-law.com/.
    Here is the Linnk for the news article.
    http://news.yahoo.com/s/ap/20060510/...tion_employers

    This looks good.If the Employers stop hiring Illegals, the Problem of Illiegal Immigrants would be solved to a very large extent.

    We have Illiegal Immigrants coming from all over the World, because they are assured of an hourly salary of 5$/Hr(which is very handsome, compared to the situation in their respective countries).

    If they stop getting employment,they would not have any incentive to take the risk of coming in here as an illegal immigrant.Ofcourse, there will still be people crossing over but that would be just a trickle as compared to the Thousands who cross over every single day.

    This move is logical and more practical.If the internal mechanism is strengthened, there is no need spend Billions of $ to try to seal the Southern Borders through a wall or fence.




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  • CatsintheCraddle
    05-04 05:47 PM
    I have written the ombudsman with an update after their initial inquiry and two of my state senators regarding this. I am confident we sent everything requested in the RFE but it's my word against theirs since we have sent it a total of three times; in the original application, then for two RFE's. Obviously, they are not very competent or they are not telling us what document they really need becuase they keep asking for tax docs.

    I only have until May 12 to make a decision because they sent the letter of denial out so late compared to when they dated the denial. By the time the ombudsman gets back to me, my window of opportunity to file a motion will be gone.

    It's so frustrating to deal with these people!




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  • matreen
    07-11 01:02 AM
    I see dark every where for EB3 until we do something there is no hope guys.....

    This is really suc...............



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  • ss777
    09-16 10:25 PM
    I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.




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  • maddipati1
    04-23 04:55 PM
    i have first hand experience. don't believe what USPS guys tell you. All CIS mail says 'Address Service'. I guess that means only deliver to that address otherwise return to sender.

    i too talked to USPS guys, believed what they said and did mail forwarding and AP was returned back to CIS. learned a costly lesson.

    AFAIK, people got RFE's when they moved very far, like coast-to-coast, but none for people moved not so far.

    my experience with AR-11 was good. but make sure to complete the second step for pending applications.


    I am in similar situation. While my street address will also stay the same the building is same I am just changing floors...going from a 1 bed to 2 bed which I have to and can't avoid.

    I checked with USPS and they told me that they do automatic mail forwarding for 3 months and which could be expanded...I am not going to intimate USCIS till I have to...I mean delay it as long as you receive your mails you won't miss a thing + the attorney also gets the RFE and their address is fixed and you will get that anyway.

    The postal people can mess up delivery too and i have had friends who did not receive letters from USCIS due to delivery problems .....anything and everything can happen.

    Point is to delay the notification to avoid an RFE....but if everything else is fine and legit I won't mind filling up the address change notification.

    SoP



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  • gopi246
    03-20 02:43 PM
    IMHO: That's not how it works. SSA doesn't contact USCIS, it actually searches a simple Database which has I-94 number and work status. When you change the status in US, USCIS updates the status associated with your I-94 as "eligible to work". Similarly after obtaining the first I-94 on H1B at POE, ICE updates the status as eligible to work. In each case it is done automatically by using machine readable I-94 numbers through OCR. These updates generally take a week or two.
    If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.

    Hope this helps. Good Luck.

    Thanks a lot. Your inputs are very informative. I will try it out again. Thank you once again.




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  • willigetagc
    08-14 03:50 PM
    find a new H1 job yesterday!!!! (you should have already found a job).

    Then you can get back all that he owes you regardless of whether he is paid or not..... unless, of course, he declares bankruptcy.... :D



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  • masterji
    07-21 08:17 PM
    I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.




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  • cfan666666
    06-22 03:10 PM
    http://www.uscis.gov/files/pressrele...ling062107.pdf

    Does this mean USCIS take it back?



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  • suman
    12-17 10:04 AM
    What is NOID? If i don't respond do i have the time to respond. How much time do i have?

    And what is RFE?

    Thanks

    No one will deny the case. You will get NOID notice to deny and if you don't respond then it is denied. So you still have lot of time to respond.

    Don't worry much, keep looking into your case history and if you suspect any RFE be prepared for it.




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  • akhilmahajan
    04-30 02:25 PM
    bumping up >>>>>>>>>>>>>>>>>>>>>



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  • newbee7
    07-05 01:00 AM
    Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS’ data. Through these discussions, the Ombudsman learned that accounting and processing methods differ at the Nebraska and Texas Service Centers (where USCIS processes employment-based petitions).




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  • anemmani
    01-04 01:46 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

    nit_sea,

    I do not know about the chances of COS to F1 after a previous denial. You will need someone who had a similar experience or an attorney.

    Good luck,

    Nag



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  • jagan13
    02-24 12:24 PM
    Got response from the embassy stating that the passport has been processed but, not clear if they already dispatched it. Looks like they are still keeping up with the 40 day turnaround time.




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  • kaizersoze
    07-17 06:17 PM
    Order Details - Jul 17, 2007 6:38 PM EDT
    Google Order #376816648638727
    Print
    Shipping Status Qty Item Price
    Not yet shipped 1 Contribute 100 $100.00
    Tax (VA) : $0.00
    Total: $100.00
    Purchased from:
    Immigration Voice
    PO Box 114
    Dayton NJ 08810
    UNITED STATES
    850 391-4966

    \


    We need more people to do the same. Core has toiled tirelessly to move mountains. Pls dont make them also start a funding drive every month. There's more important issues that need their attention and can't worry about running out of funds every time a new initiative needs starting.



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  • pasagc
    07-31 08:40 PM
    Bump!!




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  • akred
    02-25 02:25 AM
    with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.

    You cannot count any experience gained with employer B unless it was gained while working in a different (substantially dissimilar) job.




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  • krishmunn
    03-29 07:21 PM
    This is definitely good news for people who are in PERM stage but this also means fewer spill overs since all ROW EB-2 who were waiting for PERM will now file 485




    VA2008
    09-25 11:56 AM
    Great find! I printed and posted it my office.




    gcseeker2002
    10-26 01:00 PM
    My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
    maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
    My wife went for stamping in 08/2003 and I just gave her the copy of the I797 approval notice, so I didnt have to worry about getting back the original. I think they gave back the copy too, so why are you sending original 797 for H4 stamping, it is not a required document I think.



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