Wednesday, June 8, 2011

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  • Texascitypaul
    02-23 06:15 PM
    No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.

    The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.

    I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
    __________________


    Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.

    Thank you for your time it is very much appreciated,

    Paul





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  • waitforgc1
    05-07 12:08 PM
    I think if iam not wrong its not based of the priority date or anything else. Its just random





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  • indio0617
    12-13 12:53 PM
    Surprising right? May be this is the first time anyone would have posted this kind of post but yes I am in that situation.

    I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.

    My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.

    Appreciate your thoughts to help my plan.


    Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.

    I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.

    My reasoning was simple:

    In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers , we have to stop thinking that GC is above everything. Work on it as much as you can, but do not miss out on good career moves.

    Do what you feel is best for you and what you can make peace with. My 2 cents..





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  • smahwal
    08-05 12:49 PM
    My husband and I are July 2 Neb transfer to TX and we got approval email on 8/1. PD is 2005 Dec.



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  • jest_1
    03-15 08:15 AM
    Even if your visa is expired, if you have valid approval notice, you do not need airport visa. You can refer to the following website: http://www.germany.info/relaunch/info/consular_services/visa/countrylist.html#except4
    Exception 4 applies to India.





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  • bluekayal
    09-16 05:05 PM
    Thank you!


    here is an article from murthy about unemployment benefits:

    MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)



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  • renupond
    10-15 11:38 AM
    If 1099 is not accepted by client & need FEIN (for corp-to-corp) then one can get a FEIN as sole priprietor. is there any additional requirements for this viz. liability insurance.. or anything else.
    please let me know if anyone did this to do independent contracting & not building a company (LLC,scorp..)
    would like to know more about FEIN & based on that independent contracting on EAD. Pros & Cons along with procedure as well..

    thanks





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  • pappu
    04-10 02:21 PM
    Active members are requested to urge others to update their profile details for the tracker. If you find someone's profile has fake details, please give them a red dot.

    Admins go through users with most red dots occasionally



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  • EB3_SEP04
    09-05 08:13 PM
    Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)

    When will, we EB3s (India), see some light at the end of the tunnel.

    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:

    I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.





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  • sys_manus
    01-28 09:46 AM
    I can understand the amount of anxiety and stress you must be undergoing... Especially with EB3 future in near term looking bleak. I sometimes feel its is kind of very unfair for people in EB3 boat. Try EB3 -> EB2

    As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.

    When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.

    Life goes on...

    PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.

    I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.

    Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.

    My question to some of you is - what will you do if skilled reform doesn't happen this year?

    My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.

    What will you do?



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  • h1bmajdoor
    03-04 07:52 PM
    this is obviously great news for those affected.

    however the speed at which the authorities have acted, and the almost total lack of support from the Congress could imply that politics here is (like desh) is quickly heading down the "what's in it for me" path.





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  • Cataphract
    02-17 09:34 AM
    After a very enthusiastic and motivating conference call the volunteers have decided to meet in person to network and strategize and agree on the next steps to tackle the pressing issues.

    The location is a McDonalds in Tysons Corner, VA

    The exact address is

    8111 LEESBURG PIKE
    VIENNA, VA 22181

    We plan to meet on this Sunday, February 19th at Noon.

    Everyone from VA/DC/MD is welcome to join us, this way we will get to know each other better and can work out a plan faster.



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  • kumar07
    09-12 12:05 PM
    Hi Friends,

    Here is my Situation;

    me and my wife,both residents of singapore, have h1b approved this year through the same consultancy firm and the company has already received the approval notice. We are planning to appear for visa interview sometime end of this month with Singapore Embassy and the company is going to send all the documents by next week.

    Since we both are going for visa interview, I have few concerns regarding our cases:

    1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?

    2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?

    3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?

    4 My h1b was denied last year because of company project document issue with same singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.


    I would appreciate if anyone could help me to find any of the answers.

    Thanks.





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  • sunny
    10-02 02:13 PM
    I am not sure if the I-94 you receive along with your H1 approval means anything.
    Also it’s your responsibility to hand over your stamped I-94 while leaving the country at the airport. When you arrive the new one you get in the plane will be stamped and should be used.



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  • glus
    07-10 07:54 PM
    I think employer should bear the full cost of H1B and H1B extension. It is illegal for the employer to get that money from employee.

    This is not your business. We are here to help. If a person asks for advise, please provide it if you can. You comments may seem to be valid, but this is not what the user is asking for....

    regards,





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  • acecupid
    07-06 11:59 AM
    Dear Friends:
    I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:

    I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
    (1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
    (2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
    Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]

    1) You should have absolutely no problem entering on AP with a expired H1B visa and valid petition.
    2) Airlines are well aware of AP, it is not a new document.

    Stop worrying so much and enjoy your vacation. Have a safe trip back to US.



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  • CantLeaveAmerica
    03-28 09:46 AM
    same thoughts here....right now, the journey's with more downs than Ups isn't exactly a joyride..prefer the destination any day..ie, destination america...not destination to Back home





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  • dipu76
    06-01 08:11 PM
    its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
    Thank you all for your expert advice!!.. My I140 was approved about a year back.. I am working for one of the top 10 outsourcing co.. so it is very unlikely that they will do an error though we can't be certain..





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  • bhasky25
    10-11 01:06 PM
    Thank you for responding,

    I had changed jobs under AC21 provisions ( changed almost after 500 days of filing 485) and preferred to maintain my H1B as I did not want to get into the complications of renewing EAD and AP and also my wife goes to school here and it was safer for her to be on H1b rather than EAD or F1. I am just not comfortable with renewal process of EAD and AP. I have my H1B visa stamped... so now, I can travel at my will instead of worrying about what will happen at port of entry as I have a stable job and H1B stamped.

    I want to know if I will still be eligible for H1B renewal(based on approved 140) even after my 140 being revoked. I do have a copy of my 140 approval.





    ashwinicool67
    04-28 02:55 PM
    Anyone??





    chnaveen
    03-16 03:41 PM
    Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?

    Any 485 application based on a dependent status to the Primary will be decided based on the relationship. If the relationship breaks legally (through Divorce) before the final decision on the pending 485, the dependent's 485 application will be denied. But as you said, she is on H1 and has another GC processing solely in her name, that would not be affected at all with your divorce and also her H1 status too not affected.
    Dependent's current EAD based on your GC will also be revoked, but I am not sure whether EAD will be valid until 485 is denied.
    You may have to send your Divorce decree to USCIS mentionig about the Change of Status in your maritial Status and referring to your pending 485 Application receipt numbers including her application's receipt numbers.



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