Monday, June 13, 2011

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  • ss1026
    04-10 04:31 PM
    I am currently in Minnesota and would be glad to help





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  • pcbadgujar
    09-23 11:18 PM
    Thanks a lot guys for the response.





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  • eb2_immigrant
    04-28 06:32 PM
    I truly believe India IS a developed country.


    Just that 42% of the total Indian population now live under the global poverty line of $1.25 per day





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  • morchu
    05-04 02:44 PM
    Going to the original question. The H1B doesnt get invalidated.
    The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.

    As per the Neufeld memo links below:

    On page 4 of memo:
    USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
    A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
    B. Deny the EB immigrant petition, or
    C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.

    So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.

    See links below for more data
    http://ac21portability.com/modules/wflinks/
    see Neufeld memo specifically, they also have all other memos and guidelines.



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  • mirage
    07-05 12:40 PM
    It is even better. Atleast we'll get the media attn..





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  • kiran_k02
    01-17 02:45 AM
    Kiran,

    My wife and I plan to go to Delhi in the first week of Feb, have not booked the actually appointment yet but plan to. Couple of questions.

    Was the calendar fairly open in Delhi for you to book appointments? Can you suggest a hotel that you stayed in and liked, etc..?

    Thanks.

    Luckily I have relatives living in Tuglak Rd, I stayed with them. It was 10 mins ride from there to Embassy. I have stayed in Claridges(5 star) before(my prior trip), it is very close to where I was staying. It should be a short commute to Embassy from there.

    Regarding the calendar you can check it yourself without entering much of your personal details. Please visit Consulate's Website (https://www.vfs-usa.co.in/Frame.aspx?param=r5aet9OquDCCpqtL7MwZsxSnGx5+wcDKT YTSdW+egKbzRA9SqkEULWVk18pE8XpX)



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  • stones
    07-01 08:04 AM
    In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.

    Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.





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  • alforever
    04-04 02:57 PM
    Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.
    thank you! yes thats the plan of action, my employer called USCIS and thats what they told him, however, i dont think he asked speciaficlaly wether I94 was atached or not, i will check with my boss and maybe have him call back. Employer is filing the I-824 this time. I hope they dont send the duplicates to the old lawyer, as she disappeared without notice, very strange.



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  • EndRetro
    04-19 09:27 PM
    I would advise against going outside of your district to apply.

    If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.

    Why would you want to risk that?

    Chennai does not have an availability till Oct and I am in INDIA in May. I was trying till today to get an apptmt in Chennai but not successful.

    I have an AP (through my wife company GC petition), worst case I will use it.





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  • desixp
    03-22 12:24 AM
    Tragic accident in MO. My heartfelt sympathies to the families.

    http://news.yahoo.com/s/ap/20090321/ap_on_re_us/mo_officer_fatal_accident

    DesiXP



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  • div_bell_2003
    01-12 06:41 PM
    Approximately the same. My lawyer filed paper based for me and I e-filed for my wife around the same time , they came within 1 weeks of each other ( don't remember which came first ) , the only thing is , for e-filed EADs, you have to go to the nearest USCIS office for a biometrics , while paper based EADs have the pictures with the application.



    thank you "div_bell_2003". e-file and paper renewal, does it take the same
    processing time?





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  • sc3
    09-25 02:10 PM
    Usually when a lawyer gets blacklisted, there's lots of chaos. The lawyer's new reputation spreads like wildfire and there's a lot of staff changed. A lot of clients fall out.

    In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.

    All of them told me the same story. Too many miracles, case got investigated, blacklisted.

    Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.

    Did they not drop all the charges for now (even though the charges were true)? So why is your lawyer still docked? Maybe he no longer is, unless his "miracles" were different from Fragomen.



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  • sidbee
    04-29 09:59 AM
    I truly believe India IS a developed country.

    Sorry , wont agree with you.

    It does have the potential to be , and it would be if the corruption in the government ceases to exist. The amount of money Indian politicians, have in swiss banks, and other offshore banks , is amazing.





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  • amitjoey
    01-04 04:05 PM
    So we are over 8000 strong. Lets target 10,000 by Jan 15?

    Yes sbabunle, thanks for your support. That is a good goal. Please support the "Add a member" thread by posting on that thread and keeping it to the top. Please post your inputs, your posts will motivate other members to keep adding new members and inviting new friends to become a member of IV.



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  • morchu
    05-04 02:44 PM
    Going to the original question. The H1B doesnt get invalidated.
    The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.

    As per the Neufeld memo links below:

    On page 4 of memo:
    USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
    A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
    B. Deny the EB immigrant petition, or
    C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.

    So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.

    See links below for more data
    http://ac21portability.com/modules/wflinks/
    see Neufeld memo specifically, they also have all other memos and guidelines.





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  • asdfgh
    11-27 11:58 PM
    Finished FP this morning. Got LUD on 485 45 mins after FP completion. Status language changed from

    "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you...blah..blah..blah"

    to

    "On October 9, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case...blah..blah..blah"

    Then got second LUD this evening with a 11/28 date on it, even though it was still 11/27, even on East coast. No change in mesg.

    Any thoughts???



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  • ursosweet
    02-06 09:35 AM
    I have been following this ongoing decision closely. I feel that going on EAD offers no disadvantage when compared with h1b extension (once 140 is approved and 6 months have passed).

    just like h1b you can stay on top to get it renewed every year. Unless one is a bachelor and plans to get the spouse on h4, chamging to EAD doesn't cause any harm. I know a lot of friends who have been on EAD for several years now and have not had a single problem. Th only risk is that if the 485 is rejected, then you have no shelter. But that chance is soooooooo little and i think the 485 rejection only occurs if one is considered to have broken a law, commited a felony or has been in any legal problems.

    I am on h1 andhave 2 years and am planning to go on EAD- atleast i can save those 2 years and if some thing happens with my 485, i think i can get h1 sponsored. I don't think so its a one way street (h1 to EAD).

    good luck.





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  • hopefulgc
    01-26 02:33 PM
    Sounds like a far shot.. but if government can start distributing money.. why in the name of all that is Holy can they not do this:
    "All pending immigration adjustment applications get expedited with an appendage clause that the beneficiaries need to express commitment to staying in US by buying a residence."
    How will that not help the ailing real estate market? I know this idea has been shot down gazillion times ... but we need to really stop looking through the cloudy kaliedoscope to atleast give this idea the merit it deserves.

    After all these is something called as 'GC by investment'. Why not something in between?

    The good part is that then anybody opposing this would then be indirectly opposing the future and much needed growth in US.

    <EOM>





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  • Legal_In_A_Limbo
    01-14 09:37 PM
    please share ur experiences





    waitingGC
    01-22 08:38 PM
    Thank you, IV core! You are great!





    cygent
    07-03 07:24 PM
    I wanted to share this with all of you. This is my attorney & friends (who is American) thoughtful response to a thread below :-

    ************************************************** *********

    Donna:

    What is the source of your facts about immigrants?? Immigrants also pay A LOT into the
    system

    MOST "IMMIGRANTS" AS YOU SO LOVINGLY CALL US, ARE LAWFULLY IN
    THE UNITED STATES (BELIEVE IT OR NOT!!!) AND THEY ALL WORK A LOT
    HARDER THAN MANY AMERICANS ARE WILLING TO WORK!!!!

    MANY MANY THOUSANDS OF DOLLARS ARE PAID INTO THE SYSTEM BY
    THEM EACH YEAR. THOSE HERE ILLEGALLY NEVER HAD, AND NEVER WILL
    HAVE THE RIGHT, TO GET ANY OF THE MONEY BADK - EVEN WHEN THEY
    HAVE REFUNDS DUE THEM. THE IRS JUST K E E P S IT F O R E V E R AND
    IT, HOPEFULLY, GOES TO AMERICANS WHO ARE NOT IMMIGRANTS!!!

    GREEN CARD HOLDERS (ALSO "IMMIGRANTS") HAVE WORKED HARDER THAN
    AMERICANS DO - AS I MENTIONED AND THEY ARE CLEARLY ENTITLED TO GET
    THE BENEFITS THEY HAVE EARNED.

    DO YOU FOR ONE MOMENT THINK THAT THE SSA WILL GIVE THE ILLEGAL
    IMMIGRANT ANY SOCIAL SECURITY?!!????

    NEVER HAPPEN - NEVER HAS HAPPENED!!!! IF THEY FALSIFY INFO TO ANY
    GOVERNMENT AGENCY - THEY WILL NECESSARILY GET CAUGHT GO STRAIGHT
    TO FEDERAL PRISON FOR AT LEAST 2 YEARS AND THEN GET DEPORED. THIS HAS
    BEEN THE LAW FOR DECADES AND IT IS ENFORCED!!!!

    EVEN THE LEGAL IMMIGRANTS HAVE TO BE CAREFUL ABOUT GETTING THE
    SSA THAT IS DUE THEM. THEY GET CHEATED BY THE SSA EVEN MORE THAN
    US CITIZENS DO IN THE NORMAL COURSE OF SSA DAILY STEALING OPERATIONS
    - IF THEY LEAVE THE COUNTRY FOR TOO LONG (FOR EXAMPLE IF A PARENT GETS
    SICK AND THEY HAVE TO GO AND TAKE CARE) THEY JUST L O O S E ALL
    THEIR BENEFITS PERMANENTLY - EVEN THOUGH THEY MAY HAVE BEEN BEEN
    HERE AND WORKED FOR MORE YEARS THAN MOST AMERICANS DO. THIS
    KIND OF DISCRIMINATORY CONDUCT BY GOVERNMENT AGAINST LAWEUL
    PERMANENT RESIDENTS HAVE CONSISTENTLY BEEN HELD TO BE CONSTITUTIONAL
    BY THE SUPREME COURT EVEN EVEN THOUGH IT IS CLEARLY UNFAIR. THESE
    BENEFITS CAN BE REFUSED VERY EASILY FOR THE LEGAL RESIDENTS WHO
    WORKED HAS DOUBLE AND TRIPLE JOBS FOR FIFTY OR MORE YEARS.

    WHO BENEFITS FROM THIS? YOU GIVE THE ANSWER!!!

    LIGHTEN UP AND LEARN THE REAL FACTS.

    ALL IMMIGRANTS ARE NOT ILLEGAL. IN FACT, MOST IMMIGRANTS ARE
    LEGAL AND WORK THREE AND FOUR JOBS - DO YOU WANT TO WORK SO
    HARD?? HE..- NO!!!!!

    PASS THIS ON TO ALL THE PEOPLE YOU KNOW SO THAT THEY CAN BE
    EDUCATED ABOUT ANOTHER MORE FACTUAL ASPECT OF THE MATTER.

    THANK YOU, DONNA.

    xoxoxo

    ----- Original Message -----
    From: Donna xoxoxo
    To: xoxoxo@yahoo.com
    Sent: 7/2/2009 5:16:27 PM
    Subject: Social Security Insult

    This is an insult and a kick in the butt to all of us...
    Get mad and pass it on - I don't know how, but maybe some good
    will come of this travesty.

    If the immigrant is over 65, they can apply for SSI and Medicaid and get
    more than a woman on Social Security, who worked from 1944 until 2004.
    She is only getting $791 per month because she was born in 1924 and
    there's a 'catch 22'.

    It is interesting that the federal government provides a single refugee
    with a monthly allowance of $1,890. Each can also obtain an
    additional $580 in social assistance, for a total of $2,470 a month.

    This compares to a single pensioner, who after contributing to
    the growth and development of America for 40 to 50 years, can only
    receive a monthly maximum of $1,012 in old age pension and
    Guaranteed Income Supplement.

    Maybe our pensioners should apply as refugees!

    Consider sending this to all your American friends, so we can all be
    ticked off and maybe get the refugees cut back to $1,012 and the
    pensioners up to $2,470. Then we can enjoy some of the money we were
    forced to submit to the Government over the last 40 or 50 or 60 years.

    Please forward to every American to expose what our elected politicians
    have been doing over the past 11 years - to the over-taxed American.

    SEND THIS TO EVERY AMERICAN TAXPAYER YOU KNOW



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