Thursday, June 9, 2011

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  • laborfd
    05-22 09:21 AM
    Katrina, How did you know that DBEC is processing 2005 case?

    I kind a feel that would be a miracle eventhough this amdmt get approved for Philadelphia PBEC to finish all the labor within 6 month :) I'm not sure about dallas since Dallas PBEC already start processing 2005 application.




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  • sanju_dba
    12-21 12:36 PM
    Hi,

    In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?

    Regards,
    My understanding is you can setup business even with your H1 status, and has no dependency on 485.




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  • lkapildev
    03-20 05:34 PM
    I heard one guy dies because of Kidney failure in Newdelhi on fasting infront of LoakShaba. He was remembered for few minutes. He got senseless and theytook him to nearby Hospital.

    The reason is he was fasting even if without water.

    You can do fasting with water & juice. Still some American say you are diating for me you are kind of fasting.




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  • WaldenPond
    01-23 07:49 PM
    In some of the threads in this and other forums there was some concern expressed about non-citizen's right to hire a lobbyist or petition congress. Here is the text of the 1st Amendment of the Bill of Rights:

    Amendment I
    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances

    The term 'people' or 'person' in the constitution refers to inhabitants and not citizens.

    Second, your members already spend a great deal on attorneys to help them with immigration issues. Our hope is that by spending a little bit on a lobbyist to get the laws fixed, we can save a lot on attorney’s fees.


    Here is a link for Bill of Rights which precede any other law: http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm

    If a law is in violation of first ten amendments that are together called as Bill of Rights then that law is unconstitutional.

    It is the right of all to petition congress and tell the lawmakers about their grievances.

    -WP



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  • neeidd
    10-15 11:42 PM
    Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.
    Thanks for your response




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  • lazycis
    01-11 01:12 PM
    I cant. I have no money after paying for school, lawyers fees in GC. As I said my company did not pay a dime for getting GC work done. Had to bear all expenses myself. Dont even know whether company will pay for H1 renewal next year.

    Do it yourself, like I did. It will cost you $350+mailing expenses. You can find many victories on our forum. It works.
    http://boards.immigrationportal.com/showthread.php?t=194681&page=600

    Here is step by step guide
    http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps



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  • HV000
    02-06 11:24 AM
    I have NOT heard of anything that specifically prohibits H1Bs getting a mid year raise. Ask your HR where they are getting the information from?




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  • The7zen
    03-24 06:00 PM
    Since you have created this thread in Ask an attorney, I have say this.....

    I am not an attorney...its better to contact a good immigration lawyer to discuss your options.



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  • sukhyani
    01-27 11:43 PM
    Are you from Rest of the world or India/china?

    Rest of the World.




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  • goel_ar
    09-30 08:48 PM
    My wife's H1 got approved & it is valid from October Ist. When she went to Social Security Office today 9/30 - they denied saying they can't pull up her information in their system (from INS) & hence they can't issue the SSN.


    She was carrying her I-797 approval (along with I-94).

    Anyone else faced a similar situation ? Any suggestions.



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  • forgerator
    02-24 12:35 PM
    Truly amazing performance! For 13 yrs us Pakistanis were proud of Saeed Anwar's 194 record, but I have to say I don't mind at all that its finally broken by a class act that is Tendulkar. Definitely the best batsman of all time!




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  • Dhundhun
    10-14 03:16 PM
    I have a few questions on using AP-

    1. I have a valid AP till Jan. 04, 2009. I have applied for a new AP in Sept. last week. Can I travel on my current AP which is valid till Jan. 04, 2009 or will I have any problems with I-485, since I cannot travel on current AP, because I have applied for a new one.

    2. Next, suppose I travel on my valid AP (the one till Jan. 04, 2009) in November first week and return on Dec. 10, 2008, what date will I get I-84 till? Will I get it till Dec. 09, 2009 or till Jan. 04, 2008. Ofcourse, the officer will stamp 'Parolee' on I-94, but till what date?


    3. Have anyone had any bad experience, when boarding airlines at Indian airports, particularly Mumbai- Do they understand what AP documentation is, in lieu of the normal visa on passport?

    Please let me know. Thanks in advance.

    Answers:
    #1. A AP does not become invalid, because of overlapping dates or because you applied for new one. You are free to start journey and come back between the validity of an AP (for a reasonable duration for a reasonable reason).

    #2. If you are on EB based AOS, stamp "Parolee up to ..." on AP is not significant. It does not affect status, if you stay beyond that stamped date.

    #3. Never came across any one having problem in Mumbai. But in some European Countries, issues are there.



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  • john2255
    07-20 02:46 PM
    am sorry to start a new thread but I feel the following thread is not getting the importance it should get. Everyone please dont miss the following thread. Its a big defeat during our celebrations.

    http://immigrationvoice.org/forum/showthread.php?t=10751

    Major loss to us Cornyn amendment rejected




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  • sunnymit
    02-18 03:35 PM
    Thanks everyone for your responses... I guess I have some thinking to do to see if I can get upgraded to EB2.



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  • gouridighade
    04-28 04:18 PM
    Thanks pd052009, what a sigh of releif...:)




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  • Siddharta
    03-11 11:02 PM
    CITI Bank usually send the 1099. But if you have account with ICICI or some other Indian Banks they do not send it. Also check if your bank in India deducting Tax (Usually called as TDS) on interest you earn. That amount you can deduct on US tax return as foreign taxes paid.

    You are right. I just confirmed also with ICICI(my bank) and they do not send 1099. Damn.
    So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
    How big a issue is this. Should I be very scared?



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  • BharatPremi
    12-05 03:58 PM
    If you are moving to the Tri State Area - we will give you a red carpet welcome into our chapter :)

    Thanks but I'm not moving in that area.




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  • Bhadwaj
    07-15 05:26 PM
    Hello,

    Here is my situation.

    a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
    b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
    c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
    d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
    e) I have not travelled outside of the country since my last arrival.. (pls see #b)

    Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.

    "An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE

    This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.

    Now, my questions to our experts are
    1. Since I am within my I-94 expiry date., am I in lawful status?
    2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
    3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
    4. What should I do now to correct ...? my I-94 expires in another month.

    Please help!




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  • tabletpc
    12-28 08:19 AM
    Best wishes to your mother ...!!!!

    Don't worry about the visa...old visa stamping is good to use as long as it has not expired. Make sure you carry all relavent documents to prove you work for present employer. There could a possibality of officers calling to confirm your employment..so make sure you inform your present employer about it.




    godbless
    03-08 07:17 PM
    I travelled to India first time after coming to USA. The airline people did not take my I94 from me. I was not aware if I had to turn it in. I came back and got another I94. Now what do I do with my old I94? My 140/485 is in progress.




    martinvisalaw
    06-28 12:48 PM
    Using AP does not necessarily mean that one is using the EAD. It is just a document that allows you to travel when needed.

    Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..

    The I-94 stays valid as long as you stay working for that employer. Even though you entered using the AP, CIS has said that you can work pursuant to the underlying H-1B status.



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