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  • desi3933
    07-11 10:33 AM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.


    [COLOR="Red"]
    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??
    ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??



    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?


    ________________________
    Not a legal advice.





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  • nojoke
    04-21 04:33 PM
    When people are walking away from their homes, some here are suggesting it is the best time to buy :confused:

    http://www.reuters.com/article/reutersComService4/idUSL1619195020080418
    ----------------------------------
    Increasing numbers of Americans are simply walking away from their houses and mortgages, increasing pressure on banks and the economy.

    Rapid house price falls in many parts of the United States will soon leave as many as one in five borrowers owing more on their loan than the house will fetch, removing at a stroke the single most powerful incentive to keep up with payments.

    The phenomenon of "walk aways" or "jingle mail," so called because of the noise the house keys make in the envelope mailed to the bank, is hard to measure but shows every sign of gathering pace and having a substantial impact.





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  • logiclife
    06-01 01:19 PM
    Its also MSNBC. Just look at Tucker Carlson and Joe Scarborough.

    If you hear Tucker Carlson on MSNBC, he sounds like the protege of Jeff Sessions.

    However, one difference between Tucker Carlson and Lou Dobbs. Tucker supports(or atleast pretends to support) the legal variety.

    Lou Dobbs openly opposes all immigration.





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  • unitednations
    08-03 01:52 PM
    Hi United Nation,

    If AC21 is so difficult to use what about EAD?? Is all these apply to EAD too??

    -M

    No; it is not hard to use.

    However; the way people use labor substitution, future base employment, labors in fast processing states, going from consulting companies to "permanent jobs"; job descriptions not matching, companies getting ability to pay queries on approved cases; uscis changing their interpretations of laws/regulations, people getting off h-1b after six years.... all of these things add a lot of complexities.



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  • gc4me
    08-06 10:38 AM
    Very well said obviously! But whatever we think about Mrs. Rolling Flood, she already got her lone fan SunnySurya who PMed her his/her phone number. :rolleyes:
    Sure they will have good time in coming weekend.
    We are here guessing whether RF and SS are girl-girl or guy-girl or guy-guy?:confused:

    Rolling_Flood,
    If you are willing to take action, I am with you. Don't worry about what other people are saying, it does not matter. A man got to do what he got to do.
    Let us start with taking some legal opinions. I am willing to share the cost.
    I also beleive (and firmly so) that the PD porting among categories should not be allowed.
    I am sending you my phone number in PM. Call me when you are ready and we can discuss more. Alternatively, give me your phone number as I definitly want to follow through.
    Thanks
    Sunny

    started by a guy/gal who possibly spent the formative years of his/her life buried in text books because mama/papa wanted him/her to crack the JEE and get into IIT... possibly feted with flowers on his/her trip to the US...after lying on the F1 visa interview about intent to immigrate...and now seeking to raise a hue and cry because the protectionist sense of entitlement is being challenged by law abiding immigrants...someone that is obviously closeted in perspective...

    obviously, a spoilt child crying sour grapes... the admins did not sweep anything under the carpet... they let this thread grow to 13 pages! obviously, you are someone that is unhappy with a lot of things. stop hurting yourself. you might invite a myocardial infraction given the rate at which you seem to be stressing out... there is no EB3 (majority) vs. EB3 (minority) issue... stop raking up more BS... enough is enough... someone has to have the b*lls to tell you that the world is bigger than you and your inflated sense of self worth and entitlement...got it?

    i still dont see the EB2 job posting for this #1 guy/gal in a #2 company... what a #3 (third rate :)) poster with a #4 (fourth degree) threat that started this all... i can help your company find a qualified US citizen for YOUR EXACT JOB... go ahead, do post that... scared to do that? :)... obviously you are!!!! Ha! Ha! Ha!

    PM me and I can help your company. No, I am not a body shopper and wont take commissions, thank you. Just thought I'd help a US company not have to deal with this immigration BS, so they can let you go and hire a US citizen instead. Seriously, I call that social service.

    While I am at it, I can also contact special interest groups from the ACLU to Gay/Lesbian Groups to Veteran Groups to find out why their members dont get the kind of protected 'lines' that EB2's such as you have! After all, if EB2 is such a protected category, why not have other protections for other groups that need such protections? We can go ahead and divide the world into pieces as small as our mind... :D

    My last post for this obvious loser... mama/papa would be proud, indeed :D... sad, sorry state of reality that we call the 'high skilled immigration cause' ...

    While you are ranting and raving, dont forget to get back to basics... and read my earlier threads educating you on the basics of EB immigration and why the current interfiling / porting is a valid practice...

    Go ahead, rant, rave... enjoy your stress... :D

    BTW: I have more qualifications and success than people have letters in their long names :)... so, I know a little bit about success :D... and I didnt get it by throwing others under the bus... !





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  • smisachu
    12-30 10:01 PM
    Why should we waste our resources when Pakistanis are doing the damage by themselves??? The joke is Pak blaming some poor Indian for a bomb blast which was quickly owned up by a domestic terrorist organization!!
    Pakistan is a begging bowl which is trying to blackmail US by threatening to pull out troops from Afgan border..so US and UK are trying to pacify India telling them that they will put pressure on Pak to do something.
    And you know what a bigger joke is? your slum dog cum president who told Larry King that no one from "his part of the country" were involved in the attack!!! What is his part of the country? his toilet seat??? It has not been 1 year since he killed his wife he was jumping all over Sarah Palin like a horny dog!! Barking dogs seldom bite, so don't just thump your chest just yet. When the fox has to die it runs towards the lion. That is what Pakistan is doing by pretending to pose as if it will go to war with India. If India attacks Pak will fold it's tail between its legs and run to US, like Nawaz sherif did during the Kargil war. We have beaten you in 4 wars, how may more beatings will it take for it to sink into your thick skull that Pakistan can NEVER beat India. Period!!

    Pakistan will disintegrate with in the next few years if they don't seek India's support in whacking them Jehadi SOB's. Baluchitan, NWFP, Sindh are all going to be independent countries and the Pak president can easily rule " his part of the country"

    Buddyinsfo you might try to bring friction among Indians by pitting people from different states against each other, but remember when it comes to any outside force we are all Indians first and we will Kick your Ass...

    This is like an ant taking on an elephant, if half the men in Punjab, Guj and Rajastan stand on the border and Pee; Pakistan will be washed away in a flood of Urine...If you poor people want to get killed, there are better painless ways than enrage India. So it is in Paks best interest to request India to come in clean up the terrorist camps which are now turning against Pakistan itself!!


    Pranab Muks, the foreign minister needs to be applauded (?) for creating a drama of sorts by setting up the army against Pakis assuming that the Pakis will give in to the pressure and return the militants that India is looking for. On the other hand, the Prime Minister ManMohan Singh was consistently giving out statements that India is not in favour of war and never was (completely contradicting Pranab Muks' moves) and as per the latest news that emerged out of nowhere (???) there seemed to have been some kinda communication between the military officials of both the countries and they've come to some sort of understanding that war was not in the best interest of both the countries and only dialogue was as India was apprehensive as to what Pak's response to a military strike wud be...the drama continues and its a big joke. With China playing the mediator and India (silently and 100% dependent on US and UK put pressure on Pak but to no avail) had to succumb to the boomeranged efforts by playing the peace game now. One only needs to wait to see what happens next. But one thing is for sure...India will never strike Pakistan at a point when there is really no open support from anywhere. At some point (yesterday?) the honorable Prime Minister was looking for Iran to pressurise Pakistan (by calling Ahmadinejad) and this in itself speaks volumes !!! India is making a joke of itself...Had it been US, they'd have made a strike at Paki's terrorist sites in no time (as they did after 9/11). Its been over a month of Mumbai strikes and the way India is showing its weakness makes us wonder if they really have solid evidence against Pakistan. The latest news goes like...The Mumbai Govt has ordered probes into the attacks...Wonder what needs to be probed now(after one month) and that too after the entire nation has been made to believe that it was always Pakistan and claiming and shouting at the top of their lungs that they had SUFFICIENT evidence!!!!



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  • krishna.ahd
    01-06 04:14 PM
    Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?

    Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.

    Modi is elected CM by people of Gujarat , also third time in a row, so you know now what people of Gujarat wants.





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  • meg_z
    08-03 01:43 PM
    There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?



    Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?

    If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.



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  • waitnwatch
    08-05 03:11 PM
    Seems like a lot of emotions running high on this thread!

    Given that the USCIS director doesn't visit IV before writing memos on interfiling and porting PD's it's meaningless getting your blood pressure up.

    Rolling flood is definitely free to file his/her lawsuit whether folks here like it or not and SunnySurya has every right to join in.

    Wondering why folks from EB-3 want to just move up to EB-2 and port PD. Why not go for EB-1? After all that category is current.





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  • Amma
    12-26 10:24 PM
    to clean our bottom. I agree. We have to do it ourselves.However, attacking terror camps in Pak by India is not going to solve the problem.

    We are dealing with mad , fanatic , fundemantalistic army with weak democratic government.I think majority of Pak citizens are like us.They don't want war. The ideal way is squeeze that country by economic sanctions, international seperation etc.

    If we attack even the so called terror camps, the Laskar e Toiba people will be gone long time ago. May be we have to satisfy by killing the some innocent Pak citizens by those surgical attacks.

    World policeman America did the similar cleaning business by arming the fanatics in Afganistan to oust Soviet army from Afganistan. The devil nourished by America with support of Saitan ISI is biting back US now.

    Israel is not sleeping peacefully. OK they won the six days war by preemptive strike of Egypt. What happened now ? Stupid palestinan Hamas fire two rockets killing two isralies inturn killing of twenty innocent paletinaian by brutal isral army. Is the middle east problem solved by preemptive attack or postemptive attack? It will be solved by mutual giving and taking not by war.


    You don't want to get tore away your front and back by fighting with lunatic Pak military. You may destroy the Pakistan, but you will be without front to
    --- and back to ----.You means not you. Our brave Indian soldiers.You will be sitting in your airconditioned room , watching the live relay in CNN of Indo-Pak war and happy with mutual assured destruction the war will bring on both poor countries.

    So, let US army to attack the so called camps .They are already doing in the Afgan-Pak border. Let them tilt their gun little bit more so that the camps on POK also get hit.

    It is foolish to get killed.Let the other man do the job for you.Let the world policeman do what it preaches. " War on terror ".



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  • gcisadawg
    12-31 04:55 PM
    Do you realize that
    a) Hitler did not export terror. He invaded and occupied countries. Non-state actors trying to kill Pakistanis, and Indians, and trying to start a war between India and Pakistan, are not the same as one country invading another.
    b) That was before the atomic bomb,

    Alisa,

    Look, the Pakistani military/Govt. is not capable of dealing with these 'non-state' actors. Your logic that it is going to take several years to neutralize and India has to wait for that period to pass is simply dumb.
    Would you allow a thief to rob your own home over and over again? Depending on your logic, it looks like you wait for several thefts to pass before taking action against the thief.

    Looks like most of Pakistan doesn't want to grow up.

    Thanks,
    G





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  • jonty_11
    08-06 02:23 PM
    speaking of DOTs..how do you give Dots?



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  • jkays94
    06-01 01:13 PM
    I'm confused in the first place, How a public telivision channel like CNN allows to air this show.

    The problem is most often the information and numbers given on this show are not actual facts and often exaggerated and misleading. The info looks most likely derived from FAIR or NumbersUSA or Heritage foundation or one of their associates.

    The reasons can be summed up simply as ratings and the revenue defined from high ratings. CNN is taking a beating from Fox and has decided to adopt an ultra conservative agenda. At the end of the day if being pro-immigrant would improve ratings for CNN such that it would beat Fox News ratings, I am willing to bet that CNN would make a turn around and sing praises in honor of immigrants. See my next post for how low CNN is willing to go in associating with anti-immigrant groups to the extent of propagating myths.





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  • vactorboy29
    10-01 04:18 PM
    I do support Obama reason for that he got good plans to rescue this economy .He also understand how it feels when you treated differently .Another thought I have is, his father was came to this country for higher study and he understands What is American dream.
    That is how i feel he will do better on our cause than his opponent.



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  • dealsnet
    01-07 10:52 PM
    See the link. Palestine TV teaches the kids to be a terrorist. Through micky mouse.
    Pathetic.
    http://www.youtube.com/watch?v=gi-c6lbFGC4&NR=1


    See this poor boy.
    http://www.youtube.com/watch?v=PPU4UN03t7E&feature=related





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  • file485
    07-07 10:14 PM
    Actually ..I had even read somewhere in these forums, that 'out of status' etc will be considered since the last entry into the country..

    in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..

    take appt with Rajiv Khanna/Murthy without wasting any minute further..



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  • Munna Bhai
    07-09 05:06 AM
    We won`t get any letter from that comapany as my husband din`t exit in good terms.(Ofcourse if they won`t pay him for months).
    I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
    In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
    Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.

    Your case is doable, get hold of some good attorney and tell them all the fact and as long as employer-employee relationship exist, you are on valid H1b. Hence since your Husband was without paystub but his I-94 was valid,it should not create much problem.

    But do get intouch with old company.





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  • Macaca
    02-21 04:04 PM
    Sometime back CNN (or Wolf Blitzer) used to say that CNN is the best news on network. Does anyone remember the exact words? Thanks.





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  • gk_2000
    07-29 05:51 PM
    100 thousand is not for a president to worry about. But 11-12 Million is a different story..





    Macaca
    04-03 08:22 AM
    Soliciting for Good Citizens (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/02/AR2007040201749_2.html), By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/), Tuesday, April 3, 2007

    Another backdoor lobbying technique (oops, I mean opportunity to celebrate and assist members of Congress) is to conspicuously contribute to a foundation that supports a congressional caucus.

    Congress is filled with caucuses -- the Congressional Sportsmen's Caucus, the Congressional Immigration Reform Caucus and the Congressional Internet Caucus, to name just a few. These are groups of like-minded lawmakers who meet regularly to discuss the subjects in which they have a common interest.

    But, Washington being Washington, money quickly enters the equation. Some caucuses have foundations that help bankroll events.

    The Advisory Committee to the Congressional Internet Caucus, for instance, sponsors gatherings in conjunction with the House co-chairmen of the Congressional Internet Caucus. Its "supporters group" includes dozens of tech firms that lobby Congress intensely, including Google, Microsoft and Yahoo.

    The advisory committee's next large event is an April 25 "Wireless Policy and Practices Dialogue." To pay the tab, its Web site lists "sponsorship opportunities," available for $500 to $5,000. A sampling (before it was apparently altered yesterday):

    "Pens and other promotional items: Distribute pens with your logo to event attendees."

    "Coffee breaks: We'll announce your sponsorship of the morning continental breakfast or mid-morning coffee break and feature your logo or brand in the break area."

    "Wi-Fi Hotspot: We will blanket the meeting area with wireless Internet access and include you as a promotional sponsor."

    "Post-Dialogue VIP Dinner: End the conference on a high note and host a VIP event; choose from some of D.C.'s finest restaurants."

    None of these constitute lobbying. Companies become sponsors "to prove that they are not only a thought leader in the space but also that they are a good corporate citizen," said Danielle Yates, the advisory committee's spokeswoman.

    Oh.





    pappu
    07-14 09:35 AM
    [Eb-3-I is also participating in calling and contributing..]

    [For people suggesting that the letter is weak..could you give an idea as the what written in letter would work..]
    [This statement is not entirely true...Lawyers have DOL/USICS contacts] and acts in a way that the application will get approved ...most times looking at the trend and talking to DOL contacts and adjudicators...]


    Some answers to your questions:
    - Due to visa wastage and pressure from several corners, DOS is trying its best to avoid any wastage this year. We should feel happy that this is happening. Now EB2 is getting benefit because, they are getting spillover from EB1 and EB2ROW. The last bulletin clarified it as there was confusion on how this allocation happens. If EB3 has to benefit from it, then EB2 needs to get current to get the spillover. I do not see that happening for a long time for EB3 India as a lot of people must be in the queue for EB2India. Thus this may not be the best approach for EB3 India.

    If you write a letter asking for dates to move for EB3, that will not work. If you write a letter saying you are waiting for long and you should get greencards, my guess is the response will be that there are so few visas and so many applicants. Refer to the recent sub-committee hearing on visa wastage and backlogs and you will get answers.

    - Lawyers cannot influence any decision through their contacts as they may have claimed to you/you got that impression (If at all they have any and if they say, then they must be reported because they cannot do it. In my opinion they cannot 'use contacts' to get decisions in their favor). If you have that impression that it is incorrect and illegal. If any lawyer has told you that, then he must be reported.

    If any lawyer has told that DOL had asked labor to be filed in EB3 instead of EB2, then I have not seen any such communication from DOL. Ask your lawyer to produce that for you or ask him to give this to you in writing. I do not recollect that kind of news. Laws were not changed even if there was recession in 2001-2003. If you think the lawyer has misled you, you must take action against your lawyer. But I do not believe DOL asked people to file in EB3 instead of EB2. If that was the case then we need a proof and IV should look into that.

    - IV had anticipated the difficulty in getting legislation this year. Thus we had started the admin fix campaign early this year and had been pushing for it real hard. However we could only get 4K letters from a 30K membership. A lot of them were anonymous. We are still deadlocked on the 3 Lofgren bills. Only 179 people made the calls from IV in the last 1.5 months.

    So the solution is there but we need to get massive participation first. People can certainly write to the administration as in the admin fix campaign, but the question is can be have massive participation.
    We all really need to brainstorm and come up with an idea that will ensure massive participation and present compelling reasons for administration or lawmakers to act. If you think letter is the best option then get the active members involved in reviewing and revising the draft before you start a campaign. Make a really strong case. IV will welcome anyone leading an effort and working on it aggressively.



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