Wednesday, June 29, 2011

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  • raysaikat
    04-23 03:02 AM
    I went for my AOS interview, everything seemed ok, officer said everything looks ok and he doesnt see any reason why i should not be approved, he however said that he needs to get the FBI clearance background check and that i should get my conditional PR card in the mail, he then stamped on my entrance visa " Cancelled without Prejudice" stamp, I am worried, what does this mean? The word cancel and everything ok does not seem right. Can someone help me please?

    This means that the VISA cancellation has been done as a matter of procedure, not because of any wrongdoing.

    Another common case is when one goes to the consulate for a VISA stamping, then the consulate officer stamps the existing unexpired VISA stamps as "Cancelled without prejudice".




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  • lostinbeta
    10-13 12:31 AM
    Create your rectangle with the rectangle tool. Make sure you rasterize the layer first (right click on the layer with the rectangle and choose rasterize).

    Now hold CTRL and click on the layer with the retangle. This will select the rectangle. Now go to Edit/Stroke.

    Mess with the settings in there and voila, you have a black border around your square.




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  • rajeshiv
    03-01 01:33 PM
    I was moved from state (A) to another state (B) along with Client 'Y' four years back...and my Employer didn't filed for H1 amendment at that time, but my payroll was running from State B with same salary. I was not aware of this rule to file an amendment for change in job location and I dont know even employer is aware of that or not.

    After three years I got EAD and I Employed by Company X in state B.

    My question is....what are my options and problems for not being filed H1 Amendment four years back.?

    Please advice.




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  • sukisharma
    07-21 07:39 AM
    Thanks for your reply.
    By amendent, you mean we should send a letter with the additional document after we get the receipt? Will USCIS be able to match this additional document with the original file?

    Has anybody done this before? Is there any official regulation on amendent?

    Thanks a million for your help!



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  • desi3933
    03-05 04:15 PM
    Hi
    My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.

    1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.

    2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?

    Can you please respond back ASAP.Thanks.

    Your spouse can file I-485 only when your PD is current. Until (s)he needs to maintain H1/H4 status.




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  • bathuzp
    12-09 04:21 PM
    thank you very much for your reply.

    I just have one more question, i also have my I-485 filed. We have given our fingerprinting tests but there has not been further progress. But would these double receipts have any effect on my I-485 process?

    Thanks



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  • gc_chahiye
    09-19 05:21 PM
    if i use EAD for a part time job, does the H1B visa status become invalid?

    yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.




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  • h1bjava
    03-13 05:11 PM
    Thank you hpandey for the clarification. If I apply H1B extension in premium processing in apr itself, I will know soon if it will go through or not. My plan is to apply H1B transfer immediately to a new employer in case of H1B extension denial from the current employer, as I will still have valid H1B for few more months till Sep 09.

    One more doubt I have is whether it will raise a red flag for USCIS, if I apply premium processing in apr 09 for extension from oct 1st 09 or will it be fine. Please let me know.



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  • rsayed
    02-21 03:38 PM
    Hi

    My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.

    Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.

    kindly advise

    I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.

    Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).

    From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.

    GOOD LUCK!!!




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  • raysaikat
    08-01 12:11 AM
    Dear Madam,

    My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..

    Regards,
    -AShu

    You need to carry both passports. The VISAs on the older passport remain valid unless they were explicitly voided.



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  • Blog Feeds
    03-21 09:30 AM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    Nearly 300 illegal immigrants with criminal convictions were arrested last week in Texas, the Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/022510dnmeticeraids.1572cfa1e.html) reports. The largest number of arrests, 119, were in North Texas. According to the article:

    Of the total, about half of the immigrants had convictions for violent crimes or drug offenses. Most of the crimes were committed in the United States, authorities said.

    The arrests, though, raises questions about why the immigrants hadn’t been deported earlier, immediately after they'd served their time for criminal convictions.

    A new program, called Secure Communities, seeks to link jail staff with federal data banks to ensure that those with criminal convictions are removed from the country. There are only 110 jail locations in the country that now use the program.

    Secure Communities has come under scrutiny for the relatively low number of persons caught who have been convicted of violent crimes – or what’s known in ICE as a "level one" offense.

    Carrollton, Farmers Branch, Irving, Mesquite and Dallas and Denton counties are among the jurisdictions using Secure Communities processes. The program began in November 2008.





    More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/300-immigrants-with-criminal-records-arrested-in-texas.php)




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  • mohitb272
    09-24 06:58 PM
    Peeps -

    My self-filed I-485 application (July 2nd) was sent without:
    - Medical Exam results
    - Employment Verification Letter

    I have recently rec'd the receipt number for my case. Should i sent the missing documentation to USCIS linked to the receipt numbers - or should i wait for the RFE? Anyone with experience with this please advise.

    Secondly, if you recommend that i send it now, how can i make sure that the documents will get added to my file? Is there a special procedure for this?

    Thank you
    Samir

    I believe its a good idea to wait for the RFE since that would be the right way to go about this.



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  • tillu
    04-01 10:31 PM
    Hi There,

    Is it possible??

    Company "A" negotiating with a person who does not have paystubs, as he always been on bench.

    during this time Company "B" apply for H-1B Transfer(without paystubs as they plan to submit later in a week or so)

    Company "A" did the settlement and issues paystubs etc... but same time they apply cancellation of H1.

    Can a transfer be done like this???

    Please advise as i am dying day and night.............do not make a fun of it.




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  • desi3933
    06-10 12:45 PM
    Hi,

    My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.

    Can i find other company and file a different H1 transfer based on my old company valid H1?

    Please Advice.


    Hi Vikram -

    Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.

    There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.

    Good Luck.


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • gcsucks
    05-02 08:18 AM
    nozerd, Thanks for your reply.
    Regarding this point

    >> 2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).

    Actually my company's headquarters is in US but it has a branch in Canada. But, the company does not know about my PR Card. If they know they can force me to come to Canada !

    So, when the time comes can I get a letter from them saying that I was working in US for their company as a permanent employee ?

    Do you know of someone who has done something like this ?




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  • crystal
    07-12 10:31 PM
    You get SS after you cross 55 or 58 I think. How knows by then they might bring some law to stop the SS for outsiders.
    There is a archive thread on this already.Read it dear h1bs.
    the only reason i'm staying here is to complete the 10 years of social security payments. leaving now would be foolish. this green card business is just a carrot to get endlessly humiliated.

    does anyone have any knowledge of non-citizens claiming social security in india?

    as per the SS, indian citizens who have contributed >= 10 years can claim SS payments in india.

    http://socialsecurity.gov/international/countrylist4.htm

    has anyone actually seen this happen?



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  • patriot01
    09-25 02:20 AM
    I am kind of in the same situation...But, I don't know if the status means what it says.

    But, I got the status change in Jul 2008 saying that

    'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'

    The very next day I got this case status change saying that..

    'We mailed document to the address we have on file, You should receive the new document within 30 days.....'

    I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....

    But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.

    Thanks in advance.




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  • nomad
    09-13 01:44 AM
    Great work Chandu and team!
    Thanks to Puneet and Tanya for providing fodder for this final video presentation

    http://www.youtube.com/watch?v=B-MtK_rQ1zk

    B-MtK_rQ1zk




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  • codywang
    02-08 11:42 AM
    Hi all,

    My H1 was expired last year with 6 years terms so I used my EAD since last year. Can I go back to H1B still because my i-485 is still pending for renewal another 3 years term? Which law is winning, 6 years H1B if did not continue renew my H1 or I-485 pending so I can continue renew? I have found different attorney have different answer.
    Please also see this link.
    http://www.avvo.com/legal-answers/h1-expired-1-mnth-ago-on-ead--i-140-1-yr-old--chan-199590.html

    Thanks
    Cody Wang




    MerciesOfInjustices
    02-26 07:56 PM
    No, Thank You!
    Yes, I think that all of us will be better prepared in muting and un-muting our phones!
    Membership - great suggestion - try to actually get retrogressed indivduals talk themselves about how it affects them, and then they make the case for joining IV!
    Meet Lawmakers - great point to establish relationships with lawmakers / their staff
    Publicity - will wait as things unfold
    Liaison -great work in establishing contact with USINPAC & AAPI
    Great beginnings!
    I cannot believe all the effort that you guys are putting in! But, we will put in our bit as things move!
    The absolute take home message - LOBBYING IS TOP-DOWN APPROACH, WHILE IV MEMBERS REACHING LAWMAKERS & OTHER GRASSROOTS EFFORTS ARE BOTTOM-UP APPROACH; THEY ARE COMPLIMENTARY, NOT MUTUALLY EXCLUSIVE!




    raj3078
    05-09 09:05 AM
    Guys,
    I was coming to work and just heard a small advertizment about "All Things Considered" on NPR. The advt said like this -"There is so much debate is going on about illegal immigrants but there is little debate about Legal Immigration, that story later on today on 'All Things Considered'. "

    Anyone has any idea? Not sure if they will be taking phone calls or its pre-recorded story but it will be good to have IV feature or at least IV agenda featured on NPR.
    Raj



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