radhay
07-26 07:25 AM
My case is some what similar. My h1b extension packet was returned for lack of filing fee but before we could re-apply my old h1b expired. We applied however but USCIS approved h1B petition and didn't grant me h1b status i.e didn't issue I-94. I am required to leave the country for stamping.
Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.
Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.
1. Am I currently out of status or okay because of the RFE?
2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.
My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?
Thanks.
Now we are filing nunc-pro-tunc petition essential pleading with USCIS it was no fault of my mine. You can do gooogle on this.
Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.
1. Am I currently out of status or okay because of the RFE?
2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.
My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?
Thanks.
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egoldy
01-30 04:50 AM
<3 AS3 Random Circle with Blend Mode by egoldy
lava lamp style FTW! :stare:
Thank you very much. :)
lava lamp style FTW! :stare:
Thank you very much. :)
raysaikat
07-10 07:17 PM
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
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factoryman
02-09 07:21 PM
Congressmen from hi-tech SF and CA.
Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.
Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.
more...
tonyHK12
11-09 01:39 PM
Schumpeter: The other elephant | The Economist (http://www.economist.com/node/17414206)
When the US govt is ignoring the problems of legal immigration and making it harder and harder to immigrate (especially when the interest of foreign nationals to come here has subsided with unprecedented growth in their native country...) it is foolish to expect to lure skilled people to this country any more
yes agree.
I don't think they are even trying to get skilled immigrants anymore, but just temporarily get many people in their 20s to mid 30s. Hiring drops drastically after mid/late 40s here anyway. I guess the logic is also that anyone can be trained locally to become a skilled worker (hopefully)
current Immigration policy ends up getting mostly people who are familiar looking, friendly types, who keep up with the latest fads.
I guess it depends on what they feel is more important and makes them feel gooood, happy.
Good Media trick indeed,...infosys is giving money for this too???
dude the economist is pretty reputed company from London
When the US govt is ignoring the problems of legal immigration and making it harder and harder to immigrate (especially when the interest of foreign nationals to come here has subsided with unprecedented growth in their native country...) it is foolish to expect to lure skilled people to this country any more
yes agree.
I don't think they are even trying to get skilled immigrants anymore, but just temporarily get many people in their 20s to mid 30s. Hiring drops drastically after mid/late 40s here anyway. I guess the logic is also that anyone can be trained locally to become a skilled worker (hopefully)
current Immigration policy ends up getting mostly people who are familiar looking, friendly types, who keep up with the latest fads.
I guess it depends on what they feel is more important and makes them feel gooood, happy.
Good Media trick indeed,...infosys is giving money for this too???
dude the economist is pretty reputed company from London
ajay
03-02 10:15 AM
There is no doubt that the article is well written. But looking at the comments what I feel is nobody is happy about us being here or there!!!
It is completely a difficult situation we are in if we are into any trouble.
It is completely a difficult situation we are in if we are into any trouble.
more...
kaarmaa
05-04 09:01 AM
I just transferred to a new employer in my 7th year. All you need is a copy of the approved I-140.
DO not give a notice to your current employer until the new H1 is approved. Also, apply for premium processing.
DO not give a notice to your current employer until the new H1 is approved. Also, apply for premium processing.
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sidbee
10-26 05:18 PM
My wife called Air France and France's Atlanta consulate. She will be requiring Airport Transit Visa B.
She will have to mail her original and one copy of passport and I 20 form with $ 86 Visa fee for Airport Transit Visa and an Express mail self address envelope.
Also Air France is going charge $ 50 each for extra bag after first (I received a mail about baggage fee after booking my ticket).
I will never again travel with Air France, British Airway and Lufthance even after geting GC. Today these three airlines lost a customer for life.
These three airlines don't need desi's business.:mad:
if u booked just today online , u may be able to get a refund without any penalty..some airlines do that , i am not sure about airfrance.
She will have to mail her original and one copy of passport and I 20 form with $ 86 Visa fee for Airport Transit Visa and an Express mail self address envelope.
Also Air France is going charge $ 50 each for extra bag after first (I received a mail about baggage fee after booking my ticket).
I will never again travel with Air France, British Airway and Lufthance even after geting GC. Today these three airlines lost a customer for life.
These three airlines don't need desi's business.:mad:
if u booked just today online , u may be able to get a refund without any penalty..some airlines do that , i am not sure about airfrance.
more...
ujjwal_p
06-02 06:12 PM
My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.
I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.
I don't think its a good idea. I think this is where the "Last action rule" of USCIS comes in. While being processed, if you leave the country, then the transfer will probably not be processed. Not a lawyer but I think you should wait to get the approval before travelling.
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drirshad
03-13 04:31 PM
03/13/2009: Senate Bill, S. 577 to Punish Immigration Sharks Defrauding and Victimizing Immigrants and Related Parties
Senate Dianne Feinstine from California, cosponsored by Senator Ted Kennedy, introduced this bill in the Senate yesterday. The full text of the bill is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Fraud Prevention Act of 2009''.
SEC. 2. SCHEMES TO DEFRAUD ALIENS.
(a) Amendments to Title 18.--
(1) IN GENERAL.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:``�1041. Schemes to defraud aliens
``(a) In General.--Any person who willfully and knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender willfully and knowingly claims or represents is authorized by or arises under Federal immigration laws, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises, shall be fined under this title, imprisoned not more than 5 years, or both.
Here is the background for this bill: The Immigration Fraud Prevention Act would prevent and punish fraud and misrepresentation in the context of immigration proceedings. The act would create a new Federal crime to penalize those who engage in schemes to defraud aliens in connection with Federal immigration laws. Specifically, the act would make it a Federal crime to wilfully and knowingly defraud or obtain or receive money or anything else of value from any person by false or fraudulent pretences, representations, or promises; and to wilfully, knowingly, and falsely represent that an individual is an attorney or accredited representative in any matter arising under Federal immigration law. Violations of these crimes would result in a fine, imprisonment of not more than 5 years, or both. The bill would also authorize the Attorney General and the Secretary of Homeland Security to use task forces currently in existence to detect and investigate individuals who are in violation of the immigration fraud crimes as created by the bill. The act would also work to prevent immigration fraud by requiring that Immigration Judges issue warnings about unauthorized practice of immigration law to immigrants in removal proceedings, similar to the current law that requires notification of pro bono legal services to these immigrants; requiring the Attorney General to provide outreach to the immigrant community to help prevent fraud; providing that any materials used to carry out notification on immigration law fraud is done in the appropriate language for that community; and requiring the distribution of the disciplinary list of individuals not authorized to appear before the immigration courts and the Board of Immigration Appeals, BIA, currently maintained by the Executive Office of Immigration Review, EOIR. Unfortunately, the need for Federal action to prevent and prosecute immigration fraud has escalated in recent years as citizens and non-citizens attempt to navigate the immigration legal system. Thus far, only States have sought to regulate the unauthorized practice of immigration law. Since immigration law is a federal matter, I believe the solution to such misrepresentation and fraud should be addressed by Congress. By enacting this bill, Congress would help prevent more victims like Vincent Smith, a Mexican national who has resided in California since 1975. His wife is an American citizen, and they live with their 6 U.S. citizen children in Palmdale, CA. Mr. Smith would likely have received a green card at least two different times during his stay in California. However, in attempting to get legal counsel, Mr. Smith hired someone whom he thought was an attorney, but was not. As a result, Mr. Smith was charged more than $10,000 for processing his immigration paperwork, which was never filed. Mr. Smith now has no legal status and faces removal proceedings. Another victim of immigration fraud is Raul, a Mexican national, who came to the United States in 2000. He also married a U.S. citizen, Loraina, making him eligible to apply for a green card. Raul and his wife went to Jose for legal help. Jose's business card said he had a ``law office'' and that he was an ``immigration specialist.'' But Jose was not a specialist and charged Raul $4,000 to file a frivolous asylum petition. While Raul thought he was going to receive a green card, he was instead placed into removal proceedings. From California to New York, there are hundreds of stories like these. Many immigrants are preyed on because of their fears--others on their hope of realizing the American dream. They are charged exorbitant fees for the filing of frivolous paperwork that clog our immigration courts and keep families and businesses waiting in limbo for years. Law enforcement officials say that many fraudulent ``immigration specialists'' close their businesses or move on to another part of the state or country before they can be held accountable. They can make $100,000 to $200,000 a year and the few who have been caught rarely serve more than a few months in jail. Often victims of such crimes are deported, sending them back to their home countries without accountability for the perpetrator of the fraud. Most recently, hundreds of immigrants were exploited by Victor M. Espinal, who was arrested for allegedly posing as an immigration attorney. Nearly 125 of Mr. Espinal's clients attended the New York City Bar Association's free clinic to address their legal and immigration options. According to prosecutors, Mr. Espinal falsely claimed on his business cards that he was licensed and admitted to the California bar as well as the bar in the Dominican Republic. Organizations such as the Los Angeles Country Bar Association, National Immigration Forum, American Immigration Lawyers Association, and American Bar Association have been documenting this exploitation for many years.
Senate Dianne Feinstine from California, cosponsored by Senator Ted Kennedy, introduced this bill in the Senate yesterday. The full text of the bill is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Fraud Prevention Act of 2009''.
SEC. 2. SCHEMES TO DEFRAUD ALIENS.
(a) Amendments to Title 18.--
(1) IN GENERAL.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:``�1041. Schemes to defraud aliens
``(a) In General.--Any person who willfully and knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender willfully and knowingly claims or represents is authorized by or arises under Federal immigration laws, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises, shall be fined under this title, imprisoned not more than 5 years, or both.
Here is the background for this bill: The Immigration Fraud Prevention Act would prevent and punish fraud and misrepresentation in the context of immigration proceedings. The act would create a new Federal crime to penalize those who engage in schemes to defraud aliens in connection with Federal immigration laws. Specifically, the act would make it a Federal crime to wilfully and knowingly defraud or obtain or receive money or anything else of value from any person by false or fraudulent pretences, representations, or promises; and to wilfully, knowingly, and falsely represent that an individual is an attorney or accredited representative in any matter arising under Federal immigration law. Violations of these crimes would result in a fine, imprisonment of not more than 5 years, or both. The bill would also authorize the Attorney General and the Secretary of Homeland Security to use task forces currently in existence to detect and investigate individuals who are in violation of the immigration fraud crimes as created by the bill. The act would also work to prevent immigration fraud by requiring that Immigration Judges issue warnings about unauthorized practice of immigration law to immigrants in removal proceedings, similar to the current law that requires notification of pro bono legal services to these immigrants; requiring the Attorney General to provide outreach to the immigrant community to help prevent fraud; providing that any materials used to carry out notification on immigration law fraud is done in the appropriate language for that community; and requiring the distribution of the disciplinary list of individuals not authorized to appear before the immigration courts and the Board of Immigration Appeals, BIA, currently maintained by the Executive Office of Immigration Review, EOIR. Unfortunately, the need for Federal action to prevent and prosecute immigration fraud has escalated in recent years as citizens and non-citizens attempt to navigate the immigration legal system. Thus far, only States have sought to regulate the unauthorized practice of immigration law. Since immigration law is a federal matter, I believe the solution to such misrepresentation and fraud should be addressed by Congress. By enacting this bill, Congress would help prevent more victims like Vincent Smith, a Mexican national who has resided in California since 1975. His wife is an American citizen, and they live with their 6 U.S. citizen children in Palmdale, CA. Mr. Smith would likely have received a green card at least two different times during his stay in California. However, in attempting to get legal counsel, Mr. Smith hired someone whom he thought was an attorney, but was not. As a result, Mr. Smith was charged more than $10,000 for processing his immigration paperwork, which was never filed. Mr. Smith now has no legal status and faces removal proceedings. Another victim of immigration fraud is Raul, a Mexican national, who came to the United States in 2000. He also married a U.S. citizen, Loraina, making him eligible to apply for a green card. Raul and his wife went to Jose for legal help. Jose's business card said he had a ``law office'' and that he was an ``immigration specialist.'' But Jose was not a specialist and charged Raul $4,000 to file a frivolous asylum petition. While Raul thought he was going to receive a green card, he was instead placed into removal proceedings. From California to New York, there are hundreds of stories like these. Many immigrants are preyed on because of their fears--others on their hope of realizing the American dream. They are charged exorbitant fees for the filing of frivolous paperwork that clog our immigration courts and keep families and businesses waiting in limbo for years. Law enforcement officials say that many fraudulent ``immigration specialists'' close their businesses or move on to another part of the state or country before they can be held accountable. They can make $100,000 to $200,000 a year and the few who have been caught rarely serve more than a few months in jail. Often victims of such crimes are deported, sending them back to their home countries without accountability for the perpetrator of the fraud. Most recently, hundreds of immigrants were exploited by Victor M. Espinal, who was arrested for allegedly posing as an immigration attorney. Nearly 125 of Mr. Espinal's clients attended the New York City Bar Association's free clinic to address their legal and immigration options. According to prosecutors, Mr. Espinal falsely claimed on his business cards that he was licensed and admitted to the California bar as well as the bar in the Dominican Republic. Organizations such as the Los Angeles Country Bar Association, National Immigration Forum, American Immigration Lawyers Association, and American Bar Association have been documenting this exploitation for many years.
more...
ashkam
08-06 12:11 PM
Took me 5 days from the Texas Center.
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sircaustic
07-24 09:15 AM
???
more...
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logiclife
06-15 12:07 PM
How 'bout: Not filing because LCA is rotting in the basement of a BEC?
I have edited the poll to add that option. Literally.
I have edited the poll to add that option. Literally.
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bank_king2003
09-13 03:27 PM
You can break height of injustice from USCIS by filling this. (WOM)
learn more about it online.
i have seen personaly a person filling this and IO calling him in the office approving it and apolgising for delaying.
you can hear other success stories online about WOM. sometimes court ordered USCIS to pay back all legal fees to the filer.
you need two things for this.
Balls + Money
regarding class action lawsuit, i am not sure if it could be filed or not against USCIS
learn more about it online.
i have seen personaly a person filling this and IO calling him in the office approving it and apolgising for delaying.
you can hear other success stories online about WOM. sometimes court ordered USCIS to pay back all legal fees to the filer.
you need two things for this.
Balls + Money
regarding class action lawsuit, i am not sure if it could be filed or not against USCIS
more...
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zoooom
07-17 06:01 PM
All,
I just made a payment for IV. I stongly believe now it's our turn to help IV. I don't want to talk more about this but if you think you got any benifit because of IV please make your contribution. That's the truthful way of saying 'THANKS'
Agreed...Guys lets contribute for a great cause.
I just made a payment for IV. I stongly believe now it's our turn to help IV. I don't want to talk more about this but if you think you got any benifit because of IV please make your contribution. That's the truthful way of saying 'THANKS'
Agreed...Guys lets contribute for a great cause.
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vin13
03-09 01:20 PM
Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
You will have to persue your gas station business parallel to your GC job (or similar job if you are using AC-21 portability).
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
You will have to persue your gas station business parallel to your GC job (or similar job if you are using AC-21 portability).
more...
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prem_goel
08-18 04:22 PM
If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.
I think you probably can get the H-1B stamped as well and have your wife enter as H-1B.
I think you probably can get the H-1B stamped as well and have your wife enter as H-1B.
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eb2dec2005
02-24 03:01 PM
I did not see any updates on my I140 but just the update on my already approved H1b case.
If my employer has decided to revoke my I140, would i be able to find out , incase he doesn't inform me?
If my employer has decided to revoke my I140, would i be able to find out , incase he doesn't inform me?
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mytv
09-01 02:30 PM
please sombody reply .i donno wat to do:o
reddy_h
10-25 12:08 AM
No, once your GC is approved, her H-4 is invalid. You have to use Follow to Join, no other choice.
Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
vin13
02-11 03:04 PM
There may not be a logical reason as to why your wife got an RFE for Medical and not you.
I had a similar situation. I got an RFE for photos for AP application. But my wife did not get one. We had both got our pictures taken and processed at the same location. There was no issue with quality of photo either.
Now we both have our AP. I do not care why she did not get an RFE.
Maybe if you explain the details of the RFE someone may be able to discuss about it.
Without details asking why did you not receive RFE does not make sense.:confused:
I had a similar situation. I got an RFE for photos for AP application. But my wife did not get one. We had both got our pictures taken and processed at the same location. There was no issue with quality of photo either.
Now we both have our AP. I do not care why she did not get an RFE.
Maybe if you explain the details of the RFE someone may be able to discuss about it.
Without details asking why did you not receive RFE does not make sense.:confused:
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