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  • solaris27
    03-12 08:51 PM
    its a good idea





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  • wandmaker
    12-31 12:30 PM
    hi All,

    i'm new to this forum.please advice on my situation.

    I was on F1 earlier and now I am on H1b from jan 2007.
    I am the first person for whom company filed H1B and got approved.
    I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
    If i go for stamping to mexico, What sort of questions i will be asked?

    Please help me ...

    Thanks

    It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.





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  • ItIsNotFunny
    10-24 01:51 PM
    Why do you want to spent $2000 for lawyer for AC21? If you have same or similar offer letter, why cant you type a simple covering letter for your AC21?Do it yourself. US certified post cost around $2.00. Hiring lawyer for AC21 is waste of money.

    This is true, unless you have some complication, don't go for attorney.





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  • pt326bc
    09-27 01:59 PM
    Most likely you received the original FP notice and the lawyer received the courtesy copy (like in my case).
    You should take the original FP notice (if possible) which is what my lawyer told me; although if your notice doesn't arrive (missing or stolen) then you could take the one which your lawyer received.
    Just my 2 cents not a legal opinion.
    Regards.



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  • gmail
    12-21 12:42 PM
    so you can setup your own LLC. start hiring people?





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  • kannan
    04-11 04:28 PM
    I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
    What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.



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  • thomachan72
    07-14 06:29 AM
    Was there any reason why company A would not take on your GC case?





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  • softcrowd
    10-02 03:21 PM
    If I-140 is withdrawn by the employer, one can not port the PD.



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  • geesee_99
    12-14 03:52 PM
    Thanks RANKSXY..You Made my DAY.





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  • cinqsit
    01-23 12:27 AM
    If your company is paying why not go to India. If you have all the necessary paperwork, proper letters and your company is willing to provide any other documents like tax returns etc if needed stamping in India would be easier (they always prefer you go to your home country I guess its easier for them to evaluate and process your case) that being said I have had my H1 stamping done in Canada (because the company that I worked for didn't want me to be away from work more than a week), I had two done in India (both were a breeze) I have never been to Mexico for stamping so
    dont know

    Good luck!

    cinqsit



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  • msyedy
    01-23 02:46 PM
    Positive things moving our way. Nice one





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  • simple1
    06-03 02:00 PM
    fool's post. yes you are.

    The H1B are positioned better as they can relocate quickly. Most of USC and GC dont relocate due to housing ownership. While H1B homeownership is low.

    I personally know atleast 20+ USC not willing to move to greener grounds just because they have house.

    Housing did create a biased USC/GC jobseeker.

    06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers

    H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
    source:http://immigration-law.com/


    Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??

    How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc



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  • STAmisha
    07-27 10:10 AM
    Thanks.

    But here is my situtaion

    My company filed 140 (say 1st I-140 ) and 485 in july 2007 (no receipt yet) on a substituted Labor.
    Now my original labor is approved. Now I want to file 140 (and 485 if possible) on this labor. Let us call this I-140 as 2nd I-140


    Oprion 1

    Cancel the 1st 140 and 485 which is applied on LC substituion and File 2nd 140/485 on my own LC

    Options 2

    Apply 2nd 140 on my original labor and cancel 1st 140 which was filed on my substituted Labor and keep the existing 485

    option 3

    keep 1st 140/485 which was applied earlier.
    Apply 2nd 140 on original LC before Aug 17 and if I run into problems (RFE) with the 1st 140 (based on substituted LC), change the underlying 485 to 2nd 140

    option 4

    keep 1st 140/485 which was applied earlier.
    Apply 2nd 140 on original LC after Aug 17 and if I run into problem with the 1st 140, change the underlying 485 to 2nd 140 even if PD is not current.

    Please advice whether all these options are Do'able and which is better





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  • ujjvalkoul
    03-05 01:23 PM
    copy of current employment letter and future job offer...Does this has to be with same company...OR...

    Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???



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  • Paisano
    04-16 01:28 PM
    It is WITCH HUNTING brother.

    Below is the link about a case where an approved I-140 is going to be revoked because of this.

    140 Revoked on April 2nd.Out of country currently.Re-Entry on AP? (http://www.immigration-information.com/forums/i-140-petitions/10686-140-revoked-on-april-2nd-out-of-country-currently-re-entry-on-ap.html)





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  • redgreen
    01-07 01:37 PM
    USCIS has clearly mentioned that UI benefits are not considered a public charge.
    There are several threads in IV also on this topic.

    eb3retro clearly mentioned that he/she is not interested in the 'debate of whether UB can be claimed while in AOS state', but still many without even checking anything anywhere just going on doubting, worrying, suggesting nonsense, etc.
    [even though eb3retro knows that getting ui benefits is not a problem for gc application, it is surprising that s/he doesn't know where to find better information on ui benefits! atleast IV is not the best place to look for it! when people lose their job, are they not supposed to get these information by mail from the employer? atleast that is the law in most states.]


    Anyway many people ask even things like what is the fee for this/that application, etc? And people even argue on that when anybody can get these information very clearly from USCIS website. It looks like many people don't even read basic instructions.



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  • theMan
    01-11 03:30 PM
    desitechie has already provided a sound answer. That said, EAD/H1 shouldn't be much of a difference for normal situations. Yes, you will lose the ability to reenter the US when traveling internationally without going through secondary inspection, but that additional time is negligible in the big scheme of things.
    As for AC21, my take is don't bother unless you get an RFE. No harm in sending in upfront either.
    Your entry status will be AOS, when you use AP.
    Good luck for your new job.





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  • snram4
    01-23 12:37 AM
    If you are out of status you may have to go India to get Visa. Canada and Mexico may not give Visa You were out of status for couple of months. So it should not be an issue in getting Visa
    [
    QUOTE=pradeepd;1400834]Hi,

    I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)

    I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns

    1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
    2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
    3) Or is it advisable to go to india and get it stamped

    My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.

    I need your urgent help and all of your comments and suggestions are greatly appreciated.

    Thanks,
    Sudha[/QUOTE]





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  • cbpds
    05-17 04:50 PM
    how convenient, she didnt need to pay or wait for CIR.
    Some people are only too powerful and influential that others


    CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.

    The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.

    Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.

    The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.

    "The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."

    Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.

    Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.

    Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.

    Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.

    A judge later agreed to suspend her deportation order and reopen her asylum case.

    Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.

    In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.

    Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.





    kartikiran
    08-17 07:08 PM
    gimme_GC2006,

    I used my AP twice via JFK. Both times sent to secondary. No questions asked, just had to wait an extra 90 minutes due to people in front of me and was given my passport with the I94 back.

    so nothing to fear.
    what was secondary interview like?





    anjs
    11-15 02:02 PM
    Can some one post the link to TN chapter



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