Saturday, June 25, 2011

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  • NolaIndian32
    08-31 01:54 PM
    At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744

    Thanks for re-posting this. I obviously missed all your previous posts on this topic. It gives me some hope for approval next month; I haven't received a 2nd FP request since 9/28/07. (I have an LUD, I have an LUD yay!)


    -Nola




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  • ufo2002
    09-12 01:41 PM
    don't remember the source, but I remember reading in the last week that the backlog reduction at CIS is not a true reduction, but because CIS has redefined what "backlog" means. This may refer to the discounting of the 1 million that are backlogged due to visa unavailability (quoted in gonzalez's report), but I woudn't be surprised if the "new definition" is not also contributing to the remaining 140K cases backlog reduction.

    Let's redefine:

    "laziness" = DOL
    "stupidity" = USCIS




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  • MrWaitingGC
    05-22 04:58 PM
    What will happen in this case.




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  • sabbygirl99
    03-28 02:28 PM
    Has anyone ever seen this scenario before??!

    Part time worker but a full time student - all on a part time H1 visa? I have talked to one lawyer and a couple of admissions officers. They all say that it should be OK (but they are not crazy about it) but I want to talk to someone that actually did it.

    Is anyone out there like that??? Thanks!!

    Sincerely,
    Need To Move on With My Life



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  • jayleno
    07-09 08:44 AM
    I think most would agree that this not a case of abuse. Its just an issue between two people. Sort this out with your employer. If he has really over paid you, isn't your 2 weeks salary lot less that 8K?

    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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  • vbkris77
    04-13 11:06 PM
    Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA.

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4


    (b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-


    (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;


    (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.



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  • singhsa3
    09-05 07:31 PM
    Come on people, we are less than 2 weeks away from our destiny.
    All you have to do is to rise from your daily chores, just for one day and help make this event successful.




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  • designserve
    09-04 01:08 PM
    IMHO,Since the validity of the 797 starts by Nov 09,thet will take precedence over your entry now.I had a similar issue and asked an online question to
    https://help.cbp.gov/.I had traveled to canada and my I-94 expiry was the visa expiry date(oct 08).However,my 797 was valid till june 09.
    They told me that the 797 date was valid and I got a renewal after that till 2012.I believe you should not have an issue here....Now then, I am not the authority here too.



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  • vicsthedude
    04-28 09:15 AM
    I travelled back from India on 04/26/09 via Detroit. All I was carrying was PP, AP and EAD.

    There were absolutely no issues, wasn't asked a single question on entry.... looks like all
    the stories of trouble at POE are baseless.




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  • tikka
    05-29 09:08 PM
    Donot forget to send the webfax :)

    thanks

    2750 web faxes have been sent! we are trying to get to 3,000.:)



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  • tiger05
    03-01 11:41 PM
    Thanks for you valuable information.

    My last entry was on Mar 2008. So as per your reply, even if i have less pay on my W2 for 2006 it wont effect my H1 transfer?

    Kindly reply

    Thanks
    Tiger




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  • bfadlia
    07-31 05:07 PM
    I was in Canada in 2001, had the approved I-797 but the consulate in Calgary refused to give me the visa stamp and asked i go back to home country to get it (Egypt)
    Even though I had no US education and people who do might have a better chance, but it is still only a chance, totally dependant on the mood of the consulate officer who has every right to refuse issuing visas to third country nationals.. i don't know why anybody would risk it if they don't have to.



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  • mohitb272
    10-17 05:15 PM
    One of my friend filed on July 2nd through her lawyer but she has not received any Receipt Notice (her checks have also not been cashed yet).

    Her lawyer has the Fedex delivery confirmation that the application was delivered on July 2nd.

    Anyone in similar circumstances? Would appreciate any help on this matter.




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  • bondgoli007
    02-23 01:39 PM
    Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.
    Easy on the guy pal! I am sure he would not have come here to seek help if the answers were so obvious to him.

    unseenguy, A lot of companies all across the country are resorting to pay cuts and there is no guarantee that the job will remain either. Mine announced 5% cuts and cut other benefits that had made working in this company attractive.

    I am sorry to hear about the job loss already in your household. Here is my suggestion....Do keep a lookout for better opportunities but try to get your wife a job before you change yours. Invoking AC21 is a option but use it only if you find a better opportunity or at least better stability. I know it is a cliche but hang in there and know that there are a lot of families all across this country who are in similar or worse situations. All the best and please fill in your details like PD and GC processing stage.



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  • coopheal
    05-05 12:20 AM
    Date of sign up: May 4, 2009
    Subscription Name: Donation to Support Immigration Voice (User: coopheal)
    Subscription Number: S-22G6*****


    Subscription Terms:
    $25.00 USD for 12 months
    ------------------------------------------




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  • Tejas
    12-18 12:31 AM
    Thank you for ur post. I checked my denial notice. There is no mention of MTR. It mentions that I can file an appeal with AAO within 30 days.

    For MTR - Brief / Evidence need to be given within 30 days of denial.
    For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
    In either case, 290(B) have to be filed to keep it going.

    Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.

    Hope this helps.



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  • surabhi
    05-29 08:21 PM
    I have been working for a University for the last 3 yrs(2005-2008). The H1 they have is quota exempted and is non transferable. In 2006 a consultant A offered me a job and filed for H1b in the quota it has got approved.But due to certain reasons i have not joined them and still continued it the university job. In 2008 i got an another job oppurtunity with an another consultant B. They filed a H1 transfer from company A to Company B ,showing my university h1 that i am still in status.This H1 application by company B got denied and i have left the university job. Can i join the company A because they have an H1 approved in my name in oct 2006. I contacted consultant A and they still have not cancelled the H1 they have in my name.
    Thank you for the help

    YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.

    USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.

    It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.




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  • sobers
    07-26 12:07 PM
    I hope the powers-to-be realize there is little floor time left before November and consider attaching relief to existing legislative vehicles...

    http://www.hillnews.com/thehill/export/TheHill/News/Frontpage/072606/news1.html


    As the number of legislative days before the November election slip away, GOP lawmakers in competitive seats are trying to make their legislative mark.

    The schedule is even tighter for the many members seeking consideration of their bills on the floor before members leave for the August recess. Boehner himself expressed frustration yesterday about members who have pleaded with him to bring their bills to the floor this week.

    �Everybody wants their bill up this week,� the majority leader said during his weekly off-camera press briefing yesterday. �It is as if we were never coming back. There are only so many hours in a day and only a few days in this week to consider all of these.�




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  • logiclife
    01-31 10:47 AM
    You are not helping yourself by saying such things.

    Believe me, everyone here knows ins and outs of consulting business, the desi employer, the Nick Mandallappas of the world etc. etc.

    By saying such things on public forum you are helping the enemies who are arguing the exact thing they say to oppose H1b and oppose EB greencards.

    I would urge you to restrain raw emotions, especially on public forums, and help us put arguments in an articulate way.

    Sarcasm and rhetoric will not take you an inch away from where you are right now.

    --logiclife.




    newbee7
    07-04 06:33 PM
    Thanks for sharing your story! All the best..




    cooldude0807
    12-12 12:17 PM
    How about Montgomery, so that folks from Mobile can also show up for the meet & it will be a good center point....



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