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  • saint_2010
    08-10 12:11 PM
    concentrate on IV Rally instead....guys..
    Who has gained any solace from Calling USCIS....
    the tier 1 2, or 3 or Tier N at USCIS know nothing......

    :cool:





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  • xu1
    04-08 06:02 PM
    Then what do you do if you dont have a candian permit ??
    A friend of mine then purchased a ticket and flew from toronto to her home country, where she took a rather long vacation and got her H4 visa.. That was shortly after 9/11.





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  • perm
    07-23 12:38 PM
    J. BARRRET - Jul 2nd at 10:25 AM





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  • barun1978
    10-29 09:19 PM
    I had my stamping this week in chennai for H1-B (7th year). I work for a reputed company and direct employee with no clients etc... This was my second stamping at this consulate, they asked for I-129 (which was perfect with all the docs provided to USCIS by the attorney) , W2 and employee verification letter. The consular was specifically trying to determine whether there was any vendor or client ,once she determined there was not any the visa was approved and got my passport in 3 days. But i noticed a lot of ppl had tough time if they were working as contractors.

    PS : the photos taken at costco are rejected by VFS, better is to get a PPhoto in india or at the consular office. This will save the last minute hassle.



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  • MetteBB
    05-11 01:51 PM
    and finally... the apples again





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  • bogy
    05-25 01:52 AM
    yep, thats why I am planning to do a masters. If all else fails.. migrate to canada :D



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  • sammas
    07-14 12:36 PM
    Please look at the text below

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

    If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.

    Based on the above text, you are supposed to pay $340. Chances are that your EAD application might be rejected due to no filing fee.

    Coming to your questions, below are the answers
    1. Probably not
    2. If you have the application number like SRC or LIN etc., you may be able to do this. Before doing it, please take the advice of your attorney.
    3. If no application number was generated, this might be a good idea.

    Hope this helps.

    Note : I am not an attorney, please make sure to take legal advice.





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  • drirshad
    03-13 04:31 PM
    03/13/2009: Senate Bill, S. 577 to Punish Immigration Sharks Defrauding and Victimizing Immigrants and Related Parties

    Senate Dianne Feinstine from California, cosponsored by Senator Ted Kennedy, introduced this bill in the Senate yesterday. The full text of the bill is as follows:
    SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Immigration Fraud Prevention Act of 2009''.
    SEC. 2. SCHEMES TO DEFRAUD ALIENS.
    (a) Amendments to Title 18.--
    (1) IN GENERAL.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:``�1041. Schemes to defraud aliens
    ``(a) In General.--Any person who willfully and knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender willfully and knowingly claims or represents is authorized by or arises under Federal immigration laws, to--
    ``(1) defraud any person; or
    ``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises, shall be fined under this title, imprisoned not more than 5 years, or both.
    Here is the background for this bill: The Immigration Fraud Prevention Act would prevent and punish fraud and misrepresentation in the context of immigration proceedings. The act would create a new Federal crime to penalize those who engage in schemes to defraud aliens in connection with Federal immigration laws. Specifically, the act would make it a Federal crime to wilfully and knowingly defraud or obtain or receive money or anything else of value from any person by false or fraudulent pretences, representations, or promises; and to wilfully, knowingly, and falsely represent that an individual is an attorney or accredited representative in any matter arising under Federal immigration law. Violations of these crimes would result in a fine, imprisonment of not more than 5 years, or both. The bill would also authorize the Attorney General and the Secretary of Homeland Security to use task forces currently in existence to detect and investigate individuals who are in violation of the immigration fraud crimes as created by the bill. The act would also work to prevent immigration fraud by requiring that Immigration Judges issue warnings about unauthorized practice of immigration law to immigrants in removal proceedings, similar to the current law that requires notification of pro bono legal services to these immigrants; requiring the Attorney General to provide outreach to the immigrant community to help prevent fraud; providing that any materials used to carry out notification on immigration law fraud is done in the appropriate language for that community; and requiring the distribution of the disciplinary list of individuals not authorized to appear before the immigration courts and the Board of Immigration Appeals, BIA, currently maintained by the Executive Office of Immigration Review, EOIR. Unfortunately, the need for Federal action to prevent and prosecute immigration fraud has escalated in recent years as citizens and non-citizens attempt to navigate the immigration legal system. Thus far, only States have sought to regulate the unauthorized practice of immigration law. Since immigration law is a federal matter, I believe the solution to such misrepresentation and fraud should be addressed by Congress. By enacting this bill, Congress would help prevent more victims like Vincent Smith, a Mexican national who has resided in California since 1975. His wife is an American citizen, and they live with their 6 U.S. citizen children in Palmdale, CA. Mr. Smith would likely have received a green card at least two different times during his stay in California. However, in attempting to get legal counsel, Mr. Smith hired someone whom he thought was an attorney, but was not. As a result, Mr. Smith was charged more than $10,000 for processing his immigration paperwork, which was never filed. Mr. Smith now has no legal status and faces removal proceedings. Another victim of immigration fraud is Raul, a Mexican national, who came to the United States in 2000. He also married a U.S. citizen, Loraina, making him eligible to apply for a green card. Raul and his wife went to Jose for legal help. Jose's business card said he had a ``law office'' and that he was an ``immigration specialist.'' But Jose was not a specialist and charged Raul $4,000 to file a frivolous asylum petition. While Raul thought he was going to receive a green card, he was instead placed into removal proceedings. From California to New York, there are hundreds of stories like these. Many immigrants are preyed on because of their fears--others on their hope of realizing the American dream. They are charged exorbitant fees for the filing of frivolous paperwork that clog our immigration courts and keep families and businesses waiting in limbo for years. Law enforcement officials say that many fraudulent ``immigration specialists'' close their businesses or move on to another part of the state or country before they can be held accountable. They can make $100,000 to $200,000 a year and the few who have been caught rarely serve more than a few months in jail. Often victims of such crimes are deported, sending them back to their home countries without accountability for the perpetrator of the fraud. Most recently, hundreds of immigrants were exploited by Victor M. Espinal, who was arrested for allegedly posing as an immigration attorney. Nearly 125 of Mr. Espinal's clients attended the New York City Bar Association's free clinic to address their legal and immigration options. According to prosecutors, Mr. Espinal falsely claimed on his business cards that he was licensed and admitted to the California bar as well as the bar in the Dominican Republic. Organizations such as the Los Angeles Country Bar Association, National Immigration Forum, American Immigration Lawyers Association, and American Bar Association have been documenting this exploitation for many years.



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  • royus77
    06-21 08:48 PM
    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.


    What if the I 94 is expired and an H1B extension is filed and still waiting for the Approval ?Will that one will also be rejected or by attaching the receipt copy will be good enough?





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  • gcgonewild
    08-15 02:16 PM
    Unless:
    i) Has company A paid you all your wages?
    If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.

    ii) Content of Non-Compete agreement:
    If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
    iv) LCA for new work location:
    If you work for more than 6 months in a county, new LCA should be applied for that location.

    Try to negotiate with A. Usually these lawsuits don't run their course.
    Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.

    If all fails, You MUST consult an attorney.

    IMHO, you should've consulted before you took the job.



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  • vicks_don
    12-14 02:21 PM
    Where can we find information for e filing EAD/AP Renewals ?





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  • sweet_jungle
    10-12 12:42 PM
    http://ap.google.com/article/ALeqM5joRRCZn_Du7r-_F3AFHt3eicyQ1gD93IMS1O0

    This can easily be defeated if challenged in a court of law.
    All these are effect of lobbying from Merck.



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  • sammyb
    02-26 10:48 AM
    Middle of 2009 we had issue (denial) with my wife's I485 and after MTR failed I contacted the local Senator's office ... it took around 6 months to finally turn the ball and revise USCIS's earlier decision of denying the application - it was a case where we followed the process and was penalized because of technical reason by USCIS ...

    So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'

    hope this helps ....

    Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.

    When in need for I-485 issues, who is better to contact - Congressman or Senator.

    I just want to know the pros and cons of each and maybe this analysis will help others down the line.

    Points to note are:
    1. There are more congressman in a particular state than senators. There are only 2 senators in a state.

    2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)

    3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.

    4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.

    Can members throw some light on this based on their prior experience and based on their knowledge.

    Thanks in advance.





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  • makino_a55
    01-08 01:00 PM
    Good luck for us ; And to all the hard working guys ; i would like to help out in the best way ; i am mostly a follower not a leader ; please let me know if i can be of any help ; I live in Oregon, Portland ; i shall request my other friends to contribute for the cause.
    Thanks
    Anil.



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  • perm2gc
    11-15 11:31 PM
    Hello Experts,

    I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?

    Because of Retrogression for India we cannot file for I-485 yet.

    Please advise

    Thanks
    S A
    Dont about worry about your wife now..I140 is yours and you can file it...when you file I485..you attorney will guide you..





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  • avi_ny
    08-12 09:33 PM
    My case EB3 PD Jan 2004
    I40 approved TSC July 2007
    485 filed at NSC July 2nd

    LUD is 8/12/2007

    Does this mean anything ?

    On 2nd July, what time was your i-485 application received at NSC?



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  • katrina
    07-21 04:58 AM
    As long as you never out of status from the last time you reenter US (Aug 97) you should be OK and should submit your I485





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  • GCHope2011
    09-12 11:01 PM
    Hi, I have a quite strange situation here:

    I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.

    I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.

    The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.

    Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?

    Thanks for all you comments.
    Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.

    Which means that all status and benefits that are based on the underlying I-140 petition become null and void.

    You should definitely consult a lawyer to understand what options you have now.





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  • jonty_11
    12-14 02:15 PM
    Class of admission means the class/status she was admitted into the country with. So I think u should use H4. I think u should mail it together...





    ssingh92
    12-30 08:52 PM
    If you can take direct non-stop flight then avoid the transit visa. Sending originals by mail is always risky. Just my advise.





    askreddy
    12-11 11:57 PM
    Hi

    My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.

    1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
    2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)

    Thanks in advance.
    Sree