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gc_on_demand
05-20 02:32 PM
Let's also help...people who did not file for AOS yet!!!

Please update poll. I request all senior members and people who visit this site to update poll.

thanks all in advanvce..
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gimme_GC2006
07-31 10:42 AM
Hi,

I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.

So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?

This is my second trip on AP.

Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?

Adding to this, my PD will be current from Aug-1st :(

Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)
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andycool
12-28 10:10 AM
Hi all...thanks for taking the time to help me out...URGENTLY need advice based on your knowledge or experience...

I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.

My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and

(2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?

PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.

Any information in the next 12-24 hours would be greatly appreciated.

Thanks all, Vick
Bookmark and Share


Do you still have the I 94 which came with I 797A ?? if you have that just give that i 94



Thanks
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Lasantha
07-05 10:45 AM
Hey Gurus,

What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.

What do you guys think about that? Thanks.

I am no guru BUT ....
It was current for more than the past two years, wasn't it. I think it is highly unlikely that it will be backlogged. If if it will, it could be by a very short period, 6 months maybe. This is what I think.

What do you think about EB3 ROW ?
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PD_Dec2002
05-22 10:38 AM
OK, my bad for getting the name of the lobbying firm wrong. The moderator is free to change the name of the thread.

Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?

Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.

As I said, it just would be interesting to know ... ...

But if no one else finds it interesting, ignore this thread. Don't reply to it.

Thanks,
Jayant
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Springflower
07-17 12:38 AM
Thank you for your reply. Yes, I have signed all the forms and included all the documents. Wrote a cover letter listing all the documents in the packet(like Affidavits, W2's, Passport copy etc.), but in a hurry forgot to sign the cover letter.
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deba
04-13 05:40 PM
Correct me if I am wrong...but I believe a bill has to pass in both Senate and Congress and signed by President to be enacted into law. Currently the H1/EB bills are only presented in Senate. Any comments?
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Circus123
10-06 09:02 PM
Thanks
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PDOCT05
10-31 09:54 AM
^^^bump^^^^^^^^^^
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amsgc
01-23 12:08 AM
The objective of the employment based preference system is to give certain professionals, who are ostensibly more useful to the country, a better shot at the Green card than others. So in the long run, EB2 is a better bet than EB3.
However, given the current situation, it really doesn't matter - if you are born in India, you are in for a long wait in either category.
Your best bet is to first educate yourself about the process, discuss with peers, friends and employers, about the endless wait, and then work with them to bringing about a change in govt. policy and possibly some change in the law.


Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.

So of the two tortoises EB3 might move faster than EB2.

Any comments ?
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ss777
10-07 03:05 PM
I too got transfer mails in April 2008. TSC to NSC to TSC. But when I last checked at infopass they said its at NSC. In April 2009, my approved I-140 is also transferred from TSC to NSC. Last month when I checked at infopass, they said 140 is in "Transit".
Dont know how and where it will end up?
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probe
08-08 08:58 AM
Thanks gc_kaavaali for the information. Do we have a official document that one can produce and convince emplyer ?
Thanks again
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ashkam
03-09 08:59 AM
I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

Right now she is on H1 as well as AOS.

If she's not working anymore what does the I9 form have to do with anything?

To the OP, no, she doesn't have to do anything. She is automatically transitioned into AOS status (assuming the I-485 was already applied when she stopped working).
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ampudhukode
03-24 07:01 PM
gcwait,

This was his first job after graduation and has remained there since, so there is only one co to show experience from.

I guess I will ask him to get something addressed for some other purpose like Tom suggested.

ampudhukode

Your friend needs to carry all the original degree certificates, original job offer letter from the US company, his resume, H1-B approval, original past experience certificates as mentioned in the resume.

The Embassy official will look at the H1-B approval, original degree certificates, glance thru passport, check the offer letter, check the H1-B approval and may opt to check the experience certificates.
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rangaswamy
06-20 08:10 PM
Has any one here changed their maiden name or their spouses maiden name in the US? I heard that it takes 1 week if one hands over passport and documents in person. I plan to go to SFO CGi to get this done before filing I-485 on Jul 1st.

I recently got married and did not have time in India to change the name.

Any experiences/advise is appreciated. My apologies if this is already discussed in previous threads.
thanks
Anand
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gc28262
07-16 07:30 AM
Murthy Bulletin
VOL. XVI, no. 29; Jul 2010, week 3
Posted : 16.Jul.2010

MurthyDotCom : MurthyBulletin (http://murthy.com/bulletin.html)

Many MurthyDotCom and MurthyBulletin readers have inquired about whatever happened to those H1B workers who encountered problems at the Newark, New Jersey port of entry (POE) in January 2010. The incidents in Newark struck fear in the hearts of many H1B foreign nationals who needed or wanted to travel abroad or return to the United States from abroad. This is the success story of one such traveler, who was denied entry at the Newark POE, and was banned at the POE from returning to the United States for five years under an order of expedited removal. He came to the Murthy Law Firm for help after he had returned to his home country under the order of expedited removal. This client of our firm has generously allowed us to share his success story with MurthyDotCom and MurthyBulletin readers. Information about a client or a case is never reported to our readers without consent of the client.

Background of Denial of Entry to the U.S. in January 2010

The problems of this individual were similar to those described in our January 14, 2010 NewsFlash entitled, Note to H1Bs Traveling to the U.S. and Working for Consulting Companies. The airport at issue was Newark International Airport in New Jersey. The traveler was returning to the U.S. and, rather than the routine verification of documents and basic information, he was questioned in detail about his employment. The U.S. Customs and Border Protection (CBP) officers questioned him regarding the validity of his H1B employment, the identity of his employer's customers, and whether or not his employer had sufficient work for him. As explained below, the CBP was not satisfied with the information it gathered and, ultimately, exercised its authority to issue an expedited removal order against the foreign national, who became a client of the Murthy Law Firm after he was sent back to India.

Travel Outside of the United States

The foreign national had traveled outside of the United States and returned to his home country to get married. He carried with him a letter from his H1B employer, verifying that he would resume his H1B employment upon his return to the U.S. After his wedding celebration, his wife applied for an H-4 dependent visa through a U.S. consulate in the couple's home country. They presented the employer's letter to the consular office in support of the H-4 visa application. The consulate was satisfied with the evidence presented, and issued the H-4 visa. The gentleman who later became our client then attempted to return to the United States alone, with plans for his wife to follow soon after.

CBP Checks on Returning H1B Workers

When the individual attempted to reenter the United States, his experience at the POE was far from ordinary. The CBP officers placed him into what is known as secondary inspection. This is the procedure for foreign nationals who cannot be quickly and routinely processed through the standard primary inspection. The traveler was questioned about his employer, his work, and the end-client where he was performing his work. He was asked whether or not his employer had enough work to keep him employed throughout the duration of his H1B petition. One CBP officer contacted his employer, using the contact information on the employer's letter. The H1B employer was surprised by the call from CBP and did not firmly state that he had sufficient work to keep this particular H1B worker fully employed for the rest of the duration of the H1B petition.

The CBP officer took this information and determined that the foreign national was not returning to resume valid nonimmigrant work on his H1B visa. The officer instead considered the foreign national to be an intending immigrant seeking admission to the United States without a proper immigrant visa. This is one of the grounds under the law that permits an expedited removal. The officer cancelled the individual's H1B visa stamp in his passport and entered an expedited removal order against him, which carries the penalty of a five-year bar to reentering the U.S. The gentleman was then ordered to depart the U.S. on the next flight back to his home country.

Removed H1B Worker Contacts Murthy to Take Action

The foreign national contacted Murthy Law Firm after this unfortunate incident, and requested our assistance. The case was assigned to our Special Projects department, and we quickly made contact with the CBP officers at the port of entry involved. Our attorneys analyzed the case and found several legal mistakes that were made in the process of cancelling the H1B visa as well as in issuing the expedited removal order. A detailed legal argument was drafted and sent to the lead CBP official for the POE.

New H1B Petition Approval

While the Murthy Law Firm team was working on this case, our client obtained a new job offer from his H1B employer's end-client. The job involved duties identical to his previous position, but as a direct employee of the prior end-client company. The new employer obtained an approval of its H1B petition for consular processing. The only thing standing between our client and a great job was the five-year ban on his return to the United States that was created by the expedited removal order. The attorney assigned to this case contacted a U.S. senator representing the state where the new employer is located and began a series of actions that led to a review of the expedited removal.

Murthy Takes Action to Reverse Earlier CBP Decision

The review and reconsideration of expedited removal orders is not explicitly provided for in the regulations that control the day-to-day operations of the CBP. The Murthy Law Firm team succeeded in showing that the events that transpired for our client were extremely unusual and required review by leaders at CBP. Due to the new employer's need for this individual's skills, the attorney contacted several officers at CBP, filed a second official request with CBP, and worked with the U.S. senator's office to show that there was a serious and urgent need for a decision.

Determined Follow-up Leads to Relief

The persistence of our excellent legal team paid off. After almost ten weeks of communications with the CBP and other government offices, the CBP issued a letter stating that, while there is no appeal of expedited removal orders under the law, CBP was exercising its discretion and overturning its prior expedited removal order. The letter was quickly forwarded to our client, who scheduled his H1B visa interview at the appropriate U.S. consulate in India. He was issued his H1B visa at the conclusion of his consular interview and he then made the arrangements necessary for his wife and himself to return to the United States so that he could commence his new H1B employment.

Conclusion

We at the Murthy Law Firm are proud to share another of our many successful stories with our readers. We would like to extend our deep appreciation for the hard work and cooperation of the CBP officers in reconsidering their prior decision and taking the bold step, even though there was no law or regulation for an appeal or reconsideration of an earlier CBP decision. We also send our thanks the U.S. senator's staff, who worked to resolve the incorrect expedited removal order, which would have resulted in the five-year bar to our client's ability to return to the United States. Finally, our gratitude is offered once again to our client for his permission, allowing us to share his story, thereby providing hope to others.
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Hinglish
03-05 03:04 PM
No worries ... this bill aint going no where .... it is just a political ploy to corner Dems and force them to take a harder stance on immigration
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sertasheep
08-23 09:42 PM
Dear IV Members,

We are welcoming questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta-Verma.


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Procedure to send in your questions:
Email us at legal_advise@immigrationvoice.org
Please provide us with the following information, preferably in the following format, and keep it consise and crisp:

Name:
City/Area:
Added 08/26/2006: <<Country of citizenship>>:
Question:

REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us, to minimize the effort taken by us to clean it up and send it to the attorney. It provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreivations, all capitals, all lowercase, colloquialism, et-al).Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.

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rdehar
08-26 12:44 PM
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

H1 Transfer rejecting = H1 Visa rejection? :confused:

Please let me know.

Thanks a lot.
If they are holding your money, file a complaint with DoL. Or at least, tell you employer that you are going to file it and see what happens.

H1 transfers are really tricky nowadays -- there is a big risk.

Afaik, any "long term contract" is a worthless piece of paper unless signed in presence of an attorney.
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Dhundhun
06-06 01:48 PM
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?

Now EAD will be required, when you need to renew Driving License (or State ID). If H4 spouse is not driving and State ID is also not required (passport is OK as ID) then I don't see any reason for EAD.

First EAD was also not required. I did not get this done for my wife. Lawyer charged me full money minus $190. For stimulus package SSN was required, so I requested Lawyer to file EAD and I was asked $840.

I did e-filing to get EAD, then to SSA for getting SSN and then Tax Return.

Note: Based on personal experiences, if you can easily part away $340, keep on getting EAD renewed even if not required. In foreign land, who knows what is required in future - Stimulus package mishap is an example of this. A lot money is wasted in life - this may be also wasted.


I485 receipt is not proof accepted in places like DMV or SSA. I think, nowhere it is accepted except in USCIS.
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smaram1
08-12 12:42 PM
you might be correct too...I guess we will never get a definite answer for this...
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