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  • dealsnet
    07-23 02:12 PM
    See this thread for it.
    http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499

    In the stated situation, I would opt for changing the I-485 case to consular processing.





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  • snathan
    03-27 12:49 AM
    Hello,

    I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that

    " An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".

    New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

    As i can work only 240 days from my I94 expiry date, i can't work after July 2010
    so am planning to go to India to attend the embassy as soon as possible.

    Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.

    Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
    clearance is done. I am in fix what to do??.

    Any help is appreciated.

    Thanks in Advance,
    Satya.

    Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.





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  • PDOCT05
    08-15 02:09 PM
    It was signed by R William at 9:30 AM on 07/03/2007.
    Thanks much..mine was also signed by R williams at 9:03 am and my checks not cashed yet...





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  • GcInLimbo
    11-17 11:38 AM
    Me and my wife both got notice from USCIS with intent to deny citing evidence of continued leagal immigration. Attached the scanned copy removing personal information.[

    The mentioned period in the letter that is requesting evidence is the time I applied for H1B renewal. The application had an RFE and we were waiting on response from my employer. My employer replied to the RFE and it was sent to local processing center for further processing. Meanwhile on July 2007, I applied I-485 when they are current which puts us in AOS as the H1B was still pending approval from USCIS. I read some where that you can not stay in U.S with H1B renewal pending beyond 240 days from your previous H1B expiration date. So I applied another H1B with a different company before the 240 days and got that H1B approved after two months of applying.

    I am sure I didnt break any rule or stayed illegally during that period as my H1B was pending and moved on to a different company after appying I -485. My previous employer have no issue to continue to support my GC processing.

    Where do I stand with regards to this notice? What are my options and how to approach this problem, so that the IO doesn't get confused and deny the application.
    I am sure I will go through my lawyer but want to get first hand information and have a clear picture on the path to follow from experienced people here.

    I tried to attach the attachment but its failing.

    Thanks



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  • ingegarcia
    04-17 09:08 AM
    Hi All,

    I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.

    Here are my questions

    1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).

    2) What else should i do to make this injustice visible? I will work with DOl and get my money back.

    3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?


    PK

    My guess would be to report it with Labor Department instead...





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  • md2003
    11-19 10:53 AM
    Does it required 6 months pay stub (till Dec 29th -- for July 2nd files) or after 180 days we can move to any company whether you have last month pay stub or not. Generally most of the companies hold 15 days amount.



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  • rajeshalex
    08-04 02:18 PM
    She/her friends can discuss this with her husband. If he supports apply for 485 and wait till the approval of that . She can file divorce after that.

    If her husband is not supportive and doesnt want to add her for 485 then there is a special category (I dont remember the exact thing)/something like under certain circumstances ( which is like you are Abandoned by husband without no fault of your own and if you go back your hubbys family is going to harass you ...) This u need to check with a lawyer

    Rajesh





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  • kondur_007
    07-30 07:32 PM
    I am stuck out side of US for my name check for last 9 months when I applied for my H-1. I have approved I 140. is there any way I can file my I 1485 and Advance parole or any thing to get back into US.

    Some one has told me that I can use consular processing but have no idea about that.

    Please help me and let me know what are possible options for me to return to US.

    I am sorry for what happened to you my friend.
    This is what I would suggest:

    1. Contact your attorney in US and consider options.
    2. File for CP if your PD is current. Basically, it means that USCIS will send your I 140 to DOS to assign to your consulate who will then process your GC (by interviewing just like they do with any other visa). Catch 22 in your situation is that they need name check even for CP. So doing CP may not be a whole lot helpful in getting to US earlier; however, it is something you can do and if your name check is cleared, you might get GC sooner and you will not have to file AOS. Your attorney would be further able to guide you about this.
    3. If you have contacts in US, ask them to contact local congressman and that may be helpful to get the name check done sooner.

    Good Luck.

    (PS: Just like it says in above post, you can not apply 485 while outside US)



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  • lecter
    March 26th, 2004, 10:44 PM
    I have just joined this forum and collected my D70 last night. Used for the first time tonight took about 200 photo's with my SB-80DX flash.
    I had to use camera on A or S priority with flash set on Auto. Quite a backward step after TTL metering with the F100.
    The only Nikon flashes which provide full interaction with the D70 are the SB-800 & SB-600. Only these provide auto zoom head function, ISO from camera and TTL metering.
    Hope this helps.PM

    how do you like it?

    Meet and Greet Event in DC. [Archive] - Immigration Voice

    View Full Version : Meet and Greet Event in DC.






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  • gcnotfiledyet
    03-27 01:53 AM
    I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.

    Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.

    I agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".

    Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?



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  • indyanguy
    11-14 10:16 AM
    Well, are you sure I would need to work for this "future employer" for 6 months?

    AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.

    Is this scenario different because A is not a future employer?

    Yes, you can. With EAD you can even become CEO of any company but for EVL, you can submit offer letter from future-employer but remember once you get green card, you need to work for this "future-employer" for 6 months.

    Hope this helps.





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  • vnsriv
    07-21 11:44 AM
    Damn I am going to be pissed off if he gets a green card before I do.

    Beckham has all the 3-in-1 qualification for GC .



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  • sureshvd
    10-15 11:15 AM
    Hi svr_76,
    By accepting citizenship will not make you "FORIEGN". Even after 10 yrs you still be looked as Indian immigrant after all. You are right in a sense that sooner we all will cry for for PIO card.





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  • Lollerskater
    08-05 12:23 PM
    OP are you compiling statistics? For EB2 or EB3?

    I'm another July 2 filer for EB3. Still waiting. However, the visa bulletin states all EB3 visas are unavailable and thus, we should be waiting.

    Is there some kind of info leading you to think that us, July 2 filers, shouldn't be still waiting?



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  • john2255
    10-20 06:24 AM
    Look at the profile...... join date and no. of posts.


    So whats the problem. I was active till 2007, till the special immigrant visas are over and retrogression set in for Schedule A workers, nurses and physical therapists. I was in my country till now, and Immigration voice sign in template don't have any option to register for people who are out of United states.

    When I was active I always did my best to share my knowledge and help the people.
    I supported and advocated for general visa recapture and special legislative initiatives for Schedule A workers. I was an active member of Schedule A workers sub group of Immigraton voice.

    I hope I am clarified. I humbly request for valuable advices to decide on my situation. Once again thank you all for your advices.





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  • gc28262
    08-27 08:08 PM
    Did not know that you can use FOIA for obtaining a document that does not belong to you (or you dont own it)

    Here are threads relating to that.

    http://immigrationvoice.org/forum/forum80-visa-bulletin-status-tracker-processing-times/219826-use-foia-for-i-140-and-other-immigration-records.html

    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html



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  • 21stIcon
    12-21 06:33 AM
    What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.

    You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.

    Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.





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  • matreen
    10-12 11:32 PM
    Thanks. Can someone get me USCIS contact number to get the status on receipts.....





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  • gc28262
    01-15 04:16 PM
    I agree.

    Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.

    Maybe they should also keep it low key so less people oppose it;)

    Send it through when Mr.King is on vacation:D

    Don't keep your expectations so low. Change is on the way ! Senate's color has changed. ;)





    vin13
    01-16 01:07 PM
    Isn't recapturing of H1-B when you are trying to determine if you have used up your 6 year limit.

    In this case, he is trying to get out of H1 and get back in. At this time he will be considered on the yearly cap.

    I think we are talking of two different aspects.





    gc2005
    11-17 01:48 PM
    That brings up a good point, why do you think all the PDs are moving except India?
    Is there really that many applicants from India than China



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