xela
11-20 09:10 AM
[QUOTE=PavanV;1128388] That said, i believe charity begins at home, one must take care of its own kith and kin before extending arms to others.
Now here is what you first said in your post before you edited it, this is what I got in my email:
" Being emotional is OK, but one must be pragmatic. If one wants communism please head to China. "
So you send me to China just because you did not like what I said.
Now how do you think the Chinese here feel about your oh so nice comment.
Really all I was trying to say is by talking the way he did above we dont make things better we just make it worse.
And guess what you saying charity begins at home, well then how can you blame the Americans that do that for being racist (oh lets not forget only against Indians because you are the only ones here from a foreign country)
,...they are not seeing it as that, they are just doing what you said putting themselves first and forgetting about the fact that a lot of us have been here for a long time built lifes had kids and that it is hardly fair to send us "home" now. Or about that some of us would open companies. Someone in need for food for their family does not think clearly they are emotional and scared!
Talk to them and about them with compassion and you might just turn the way they think. I have done so many times.
I am not saying what they do is right, but what you 2 said here isnt the way to go either in my opinion, you can go ahead and crucify me for it, thats fine. But I rather say what I think than sit there and be silent.
And in the end my message was mostly about the "it s all always against Indians" theme that seems to be so prominent lately....Do you really think you are the only ones and the rest of us doesnt count....well thanks for that.
Now here is what you first said in your post before you edited it, this is what I got in my email:
" Being emotional is OK, but one must be pragmatic. If one wants communism please head to China. "
So you send me to China just because you did not like what I said.
Now how do you think the Chinese here feel about your oh so nice comment.
Really all I was trying to say is by talking the way he did above we dont make things better we just make it worse.
And guess what you saying charity begins at home, well then how can you blame the Americans that do that for being racist (oh lets not forget only against Indians because you are the only ones here from a foreign country)
,...they are not seeing it as that, they are just doing what you said putting themselves first and forgetting about the fact that a lot of us have been here for a long time built lifes had kids and that it is hardly fair to send us "home" now. Or about that some of us would open companies. Someone in need for food for their family does not think clearly they are emotional and scared!
Talk to them and about them with compassion and you might just turn the way they think. I have done so many times.
I am not saying what they do is right, but what you 2 said here isnt the way to go either in my opinion, you can go ahead and crucify me for it, thats fine. But I rather say what I think than sit there and be silent.
And in the end my message was mostly about the "it s all always against Indians" theme that seems to be so prominent lately....Do you really think you are the only ones and the rest of us doesnt count....well thanks for that.
bbenhill
07-11 01:04 PM
common guys, at least there is a good news for EB2-I. please don't ruin it. be always positive instead of negative. :) I guess praying is better than doing infopass at this moment :)
DDD
11-07 03:58 PM
Instead of a ps7 section...I think we could do a imaging section or something generic....Because I know some cool tricks with fireworks mx and PSP7........Do people still use paint shop pro....I know i do
Oh mdipi if you use this technique....I would blur the image allot higher than you did in your example....Because I can tell it is a sunset.....unless that is what you wanted. It works better when u cannot tell what it was.:cowboy:
Oh mdipi if you use this technique....I would blur the image allot higher than you did in your example....Because I can tell it is a sunset.....unless that is what you wanted. It works better when u cannot tell what it was.:cowboy:
casinoroyale
01-12 07:55 PM
As per my reading one can re-enter on AP. But do remember that the CBP officer at the port of entry notices that once case is under security check or something he may create issues. But in general i don't think this is the case. One of my friend who was stuck with security check entered using AP. I know him personally so this is for fact happend.
As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.
But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.
One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?
(not proof reading, plz ignore spelling and grammar mistakes)
As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.
But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.
One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?
(not proof reading, plz ignore spelling and grammar mistakes)
more...
Roger Binny
03-07 01:04 PM
This has been answered many times, it doesn't hamper existing EB3 case, only after EB2 140 approval USCIS links the old PD to existing 485.
ping1
10-15 12:41 PM
Hi
I went to DMV in NJ with my EAD. They will give you the DL based on your EAD date.
don't worry about the H1 satus. DMV only check the document and enter the number in system. I hope this won't do anything to your satus. As i know.
Since i haven't received my H1 approval, i got to use the EAD in my case.
regards
Sridhar
I went to DMV in NJ with my EAD. They will give you the DL based on your EAD date.
don't worry about the H1 satus. DMV only check the document and enter the number in system. I hope this won't do anything to your satus. As i know.
Since i haven't received my H1 approval, i got to use the EAD in my case.
regards
Sridhar
more...
Munna Bhai
01-18 12:51 PM
INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)
yes, everything is possible with USCIS but not at I-485 stage!! You can't say at I-485 why can't you hire americans?? They have to give different reason for denial.
yes, everything is possible with USCIS but not at I-485 stage!! You can't say at I-485 why can't you hire americans?? They have to give different reason for denial.
raoece
04-05 04:10 PM
Yes PWD has really became anothe begining process of the GC jurney.
PWD applied 18-Mar-2010 Approved ??-???-????
PERM applied ??-???-????
PWD applied 18-Mar-2010 Approved ??-???-????
PERM applied ??-???-????
more...
kondur_007
02-23 07:11 PM
Well, in the middle of negative comments, I have something positive to add here.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
chandrajp
06-21 12:10 PM
You would need afidavits from your parents and a close relative. IF you dont have a birth certificate with your name, registered on the day you were born and the certificate is dated close to your dob then you WILL need afidavits.
It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.
Good Luck!
You need 2 affidavits from 2 close relatives(one from each) who are atleast 10 years older than you
It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.
Good Luck!
You need 2 affidavits from 2 close relatives(one from each) who are atleast 10 years older than you
more...
ashkam
08-03 09:44 AM
If Priority date is 'Current', you can't apply for H1 extension!
I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.
What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?
Of course you can apply for an extension even if your PD is current, only you won't get a 3 year extension but a 1 year extension. Your pal probably didn't apply because he wanted to get 3 years.
I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.
What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?
Of course you can apply for an extension even if your PD is current, only you won't get a 3 year extension but a 1 year extension. Your pal probably didn't apply because he wanted to get 3 years.
h1bnogc
08-29 09:12 AM
Thank you both for sharing your thoughts...
I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.
For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?
I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
Immigstories:
Could you please share your experience at POE? many many thanks
I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.
For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?
I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
Immigstories:
Could you please share your experience at POE? many many thanks
more...
pnara2
01-03 09:20 PM
Just think that you read a joke!
US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!
Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!
US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!
Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!
rahul2699
05-19 12:18 PM
Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.
it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification
it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification
more...
sri1309
01-10 10:51 AM
Hi ALL,
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.Will you start looking at expert atttorneys spending 1000s of $s. Will you have to return back??.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just imagine you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.Will you start looking at expert atttorneys spending 1000s of $s. Will you have to return back??.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just imagine you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
kalyani_kontham
06-27 02:36 AM
Sorry to know about your layoff. What I would suggest is try to get a Consulting company ( maybe desi ) to transfer your H1. That would give you some leeway to find a project again.
more...
jkays94
05-17 07:33 PM
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc
Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :
In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.
While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :
Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.
The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc
Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :
In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.
While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :
Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.
zoooom
05-05 04:10 PM
i second that...
fearonlygod
10-04 01:08 AM
hmmm....cannot say in my case i had all the paystubs for the months before i resigned...it was only i left i didnt got the 2 paystubs though for 1 salary was paid and even bank statement is reflecting that and my employer confirmed by sending a mail......
It is a serious breach of not giving paystub bit kind of chicken egg problem becoz if u complain ot DOL tey ara for certin going to tear him off but he has liberty of cancelling you r visa.....
I know a ldy who was harrases in this manner , she wrote to DOL...and action was very promt.....and after few months she left those guys....
I hope this helps.......
It is a serious breach of not giving paystub bit kind of chicken egg problem becoz if u complain ot DOL tey ara for certin going to tear him off but he has liberty of cancelling you r visa.....
I know a ldy who was harrases in this manner , she wrote to DOL...and action was very promt.....and after few months she left those guys....
I hope this helps.......
minimalist
08-18 04:09 PM
Thanks for the reponse imm_pro and kopra.
Hi Kopra,
My wife will be returing beack from india in mid october :(...
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.
Hi Kopra,
My wife will be returing beack from india in mid october :(...
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.
caydee
03-07 11:53 AM
This is not a big issue. Find out from local hospitals how much they charge for all delivery options and sign a contract with a hospital most convenient to you. They normally would accept monthly payments through the child birth. Also discuss post-birth mother and child health checks and shots. I would first look for an University Hospital in the area.
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
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