Saturday, June 18, 2011

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  • roseball
    10-15 12:50 PM
    My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.

    Here is the immigration status so far:
    1. Current H1 valid from Oct 09-Sep 11 with I-94
    2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
    3. Had L1 visa stamping in Jan 2006.

    So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.

    Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.

    Now my last option is to apply for AP for my wife while she is in India.

    Can I apply for AP when she is in India?


    Thanks

    You can tell the US Consulate that you dont have a H1 Visa Stamped in the Passport. I dont think the Consular Officer will revoke your H1 over that, unless there is any fraud involved. Unfortunately, you cannot file AP while your wife is outside US.




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  • hope4gc
    01-18 04:54 AM
    My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

    The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
    If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
    Talk to them if you have not started work, you might just have to pay the H1B fees




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  • prince_waiting
    10-17 03:43 PM
    Fellow IVians,
    I was completely unaware of the fact that USPS does not forward USCIS mail to the forwarding address. I moved about a couple of months back and have been receiving my mail to the new address since then.
    My checks were encashed on the 12th of October, so I guess I would be receiving my receipts soon. But if the RN is not delivered to me and goes back to the USCIS will they consider my application to be abondoned? I have already executed G-28 forms and is it OK if my lawyer receives a copy of the RN.
    Also anybody has any idea if the USPS can hold my mail for a certain amount of time. I guess they do but just wanted to clarify.

    Thanks




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  • dbevis
    March 15th, 2004, 11:28 AM
    Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
    Gary
    Yeah, saw that on the news, too. My card has a hologram over the last 4 digits which should help foil (oooh, bad pun) this type of thing. Heck unless the light's just right I can't always read it. :)

    I did hear one report where they got a robber's license plate from someone's cam-phone, so there's a good aspect to them, too.



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  • qualified_trash
    12-01 05:47 PM
    You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.

    this info is incorrect. from a murthy chat transcript...... available at :

    http://www.murthy.com/chatlogs/ch102306_P.html

    Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.

    Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.




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  • americandesi
    09-10 12:05 AM
    Hi - How to complain to USCIS about a fradulant company, What would be the affect of the complain on the employee ? Please advise and provide with any information. I know abot a cheater who exploites innocent students, are there any threads or blogs where there is informtion about fradulant companies, I guess there should be thread about such kind of companes and people running them, so that people do not get into their trap..

    Thanks.

    Here's the form to complain H1 violations to DOL.

    http://www.dol.gov/esa/forms/whd/WH-4.pdf

    If you are on H1, better to get it transferred to another employer before complaining, so that your old employer doesn't retaliate by withdrawing your H1.



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  • kaisersose
    05-30 10:17 AM
    Hi gurus, Please advise

    I have an approved I-140 and july 485 filer, also have valid h1 till 2010.

    I work for company X and have an offer from company Y.

    What are my best options now
    1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
    should the new H1-B Job code match with my Labor Certification?

    2. Use EAD - the complication here is my desi employer filed my labor
    as an IT Manager which i am not and i am not sure the new employer would
    give me the matching offer letter.

    Thanks,
    Krishna:confused:

    You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.

    H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.




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  • BhanuPriya
    06-11 02:41 PM
    There is no problem in changing company and getting extension based on Approved I -140. Please contact a good attorney and proceed.



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  • suryamanikanth
    04-17 01:22 PM
    hello frnds,
    could anyone please let me know what are the documents to be submitted for the CIC Once after i get the provisional nomination from AINP.Please help me out.Should i get the PCC from India or Federal background check is enough here in U.S.Please let me know.

    sunny




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  • ck_b2001
    07-17 07:37 PM
    Hi All,

    I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.

    My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?

    I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?

    Please advise.
    Thanks,
    Nachi

    You should seek legal advice. you are correct in saying that at POE they need to know that you had applied for 485 so that when they issue I-94, your filed petition is still vaild and not considered abandoned.



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  • mugwump
    12-07 02:57 PM
    Yes.
    I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.

    (note: I am not a lawyer)

    If you are taking online classes, why would your status matter?? i understand you need to have legal status to take regular (in-class) courses, but dont really feel an online university would really care. when you can pretty much log in from any where in the world, why would they worry about you being here illegally?

    just my opinion.




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  • senthil1
    05-18 01:14 PM
    This is an excellent provision. I support giving exemption for PHds from H1b also. It is not that much easy to get Phd and very less people opt for phd. This should not get any opposition even from anti immigrants.

    and also for non-PhD folks like me. As they exempt these superstars from the queue, it also has the effect of making the queue smaller (slightly atleast) for everyone else. i personalyl know of two PhDs who are waiting in EB2 queue for the last 3 years...



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  • americandesi
    09-10 12:05 AM
    Hi - How to complain to USCIS about a fradulant company, What would be the affect of the complain on the employee ? Please advise and provide with any information. I know abot a cheater who exploites innocent students, are there any threads or blogs where there is informtion about fradulant companies, I guess there should be thread about such kind of companes and people running them, so that people do not get into their trap..

    Thanks.

    Here's the form to complain H1 violations to DOL.

    http://www.dol.gov/esa/forms/whd/WH-4.pdf

    If you are on H1, better to get it transferred to another employer before complaining, so that your old employer doesn't retaliate by withdrawing your H1.




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  • jonty_11
    02-20 05:38 PM
    guys, why even bother waste your time on this. Please help IV gear up a movement to end retrogression. Please donate, make other IV aware...and send in ur stories......How do u think number crunching will help us....apart from making us feel worse.



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  • chanduv23
    07-06 09:49 PM
    with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.

    Cheers

    Kris

    Issuing RFE or not is an individual decision taken by the officer. In most cases, RFE is issued when 140 gets revoked because an underlying job offer is a necessity. Even if you sent AC21 letter, as long as your 140 is still intact, the officer may chose not to issue an RFE.

    Some people have received RFEs in more than one ocassion. Once when 140 was revoked and once during preadjudication process. So if for some reason USCIS decides to do a second round of preadjudication just because they have not other work or any specific reason then we may expect RFEs (This is something I made up - I don't think there will be another round of preadjudication.

    Informing USCIS in advance helps rarely but maybe useful at times if you know your 140 could potentially be revoked and in a lot of cases 485 gets deined as a result. The MTR filing process can include a communication trail about informing USCIS which could be of help.




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  • IfYouSeekAmy
    01-11 03:43 PM
    I disagree. DV may not have relevance to you but to a person who does not have an advance degree but still would like to come here to live,work and have a better standard of life it is still VERY relevant. Remember that this country was built by IMMIGRANTS not neccessarily by immigrants with advanced degrees.

    NO co-sponsors. This bill is going nowhere, even though I will jump with joy if it is passed. DV has no relevance right now and the country is diverse enough. Good idea to eliminate DV and add that to EB, but not going to happen. This congress is going to be a crab jar, one climbing up and others pulling down... nothing will get done.



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  • wildcat1313
    03-30 11:32 PM
    Client lawyers have advised against it. So vendor can't do anything. I'm still trying to see if they can fax it directly to the consulate or send it in seal envelope to them

    Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.




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  • Abhinaym
    08-13 02:49 PM
    who is vld rao?

    It's actually VDLRao, as far as I know...




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  • rubinop
    04-15 12:39 PM
    No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.

    Dear st4rguitar, thank you very much for your answer. I appreciate it.
    So, bottom line, I am going to loose my application for the Labor Certification. He WILL decrease my salary, which, at this point, even though it matches the one I have in my H1-B, will determine the withdrawal of my application, and because my H1-B will expire in September 08, I will have 60 days (I think this is the timeframe) after the expiration to leave the USA. Am I correct st4rguitar? Thanks again and good luck to everybody! We REALLY need it!




    dbevis
    December 5th, 2003, 11:13 PM
    Could you put a link up to that plug in? I really like that.

    I was playing around with it again tonight - I posted a couple more examples in the gallery area, under "landscapes".

    This is not a plugin, persay. It's a PaintShop Pro script - not PhotoShop. Here's what the script does:

    Split to RGB, discard G & B

    "Clarify" (twice) at a high value to deepen the contrast range.

    Adjusts the luminance channel to further enhance contrast.

    Colorizes the image with a hue value of 160 and saturation a low setting of 20 to slightly shift grays towards blues.

    I then added the original full-color image in as a layer and merged the two with partial opacity in (I think) "hue" mode.


    The Clarify operation gives it an "old" look by accentuating and muddling the contrast. The lumininance adjustment makes the overall appearance more 'harsh'. The shift towards blue tends to simulate a bit of fading (like an old snaphot, I guess).

    The painting-like effect comes from merging in the colors from the original.

    Here's the actual script file (it's in the "Python" programming language):

    --------------------------------------
    from JascApp import *

    def ScriptProperties():
    return {
    'Author': '',
    'Copyright': '',
    'Description': '',
    'Host': 'Paint Shop Pro',
    'Host Version': '8.00'
    }

    def Do(Environment):
    App.Do( Environment, 'SplitToRGB', {
    'GeneralSettings': {
    'ExecutionMode': App.Constants.ExecutionMode.Default,
    'AutoActionMode': App.Constants.AutoActionMode.Match
    }
    })

    App.Do( Environment, 'SelectDocument', {
    'SelectedImage': 0,
    'Strict': App.Constants.Boolean.false,
    'GeneralSettings': {
    'ExecutionMode': App.Constants.ExecutionMode.Default,
    'AutoActionMode': App.Constants.AutoActionMode.Match
    }
    })

    App.Do( Environment, 'FileClose', {
    'GeneralSettings': {
    'ExecutionMode': App.Constants.ExecutionMode.Silent,
    'AutoActionMode': App.Constants.AutoActionMode.Match
    }
    })

    App.Do( Environment, 'SelectDocument', {
    'SelectedImage': 0,
    'Strict': App.Constants.Boolean.false,
    'GeneralSettings': {
    'ExecutionMode': App.Constants.ExecutionMode.Default,
    'AutoActionMode': App.Constants.AutoActionMode.Match
    }
    })

    App.Do( Environment, 'FileClose', {
    'GeneralSettings': {
    'ExecutionMode': App.Constants.ExecutionMode.Silent,
    'AutoActionMode': App.Constants.AutoActionMode.Match
    }
    })

    App.Do( Environment, 'SelectDocument', {
    'SelectedImage': 0,
    'Strict': App.Constants.Boolean.false,
    'GeneralSettings': {
    'ExecutionMode': App.Constants.ExecutionMode.Default,
    'AutoActionMode': App.Constants.AutoActionMode.Match
    }
    })

    App.Do( Environment, 'Clarify', {
    'Strength': 4,
    'GeneralSettings': {
    'ExecutionMode': App.Constants.ExecutionMode.Default,
    'AutoActionMode': App.Constants.AutoActionMode.Match
    }
    })

    App.Do( Environment, 'Clarify', {
    'Strength': 4,
    'GeneralSettings': {
    'ExecutionMode': App.Constants.ExecutionMode.Default,
    'AutoActionMode': App.Constants.AutoActionMode.Match
    }
    })

    App.Do( Environment, 'HistogramAdjustment', {
    'LuminanceChannel': {
    'Appearance': 0,
    'Gamma': 1,
    'HighClipLimit': 245,
    'HighClipLimitPercentage': 0.01,
    'LowClipLimit': 2,
    'LowClipLimitPercentage': 0.01,
    'MaxOutput': 255,
    'MinOutput': 0
    },
    'RedChannel': {
    'Appearance': 0,
    'Gamma': 1,
    'HighClipLimit': 255,
    'HighClipLimitPercentage': None,
    'LowClipLimit': 0,
    'LowClipLimitPercentage': None,
    'MaxOutput': 255,
    'MinOutput': 0
    },
    'GreenChannel': {
    'Appearance': 0,
    'Gamma': 1,
    'HighClipLimit': 255,
    'HighClipLimitPercentage': None,
    'LowClipLimit': 0,
    'LowClipLimitPercentage': None,
    'MaxOutput': 255,
    'MinOutput': 0
    },
    'BlueChannel': {
    'Appearance': 0,
    'Gamma': 1,
    'HighClipLimit': 255,
    'HighClipLimitPercentage': None,
    'LowClipLimit': 0,
    'LowClipLimitPercentage': None,
    'MaxOutput': 255,
    'MinOutput': 0
    },
    'TargetChannel': 0,
    'OverlayResultHistogram': App.Constants.Boolean.true,
    'HistogramEditMode': App.Constants.HistogramEditMode.Luminance,
    'GeneralSettings': {
    'ExecutionMode': App.Constants.ExecutionMode.Default,
    'AutoActionMode': App.Constants.AutoActionMode.Match
    }
    })

    App.Do( Environment, 'IncreaseColorsTo16Million', {
    'GeneralSettings': {
    'ExecutionMode': App.Constants.ExecutionMode.Default,
    'AutoActionMode': App.Constants.AutoActionMode.Match
    }
    })

    App.Do( Environment, 'Colorize', {
    'Hue': 160,
    'Saturation': 20,
    'GeneralSettings': {
    'ExecutionMode': App.Constants.ExecutionMode.Default,
    'AutoActionMode': App.Constants.AutoActionMode.Match
    }
    })




    saravanaraj.sathya
    08-22 03:07 PM
    Paskal:

    Thanks for your kind reply. I am new to Buffalo, NY. Just moved from California. I dont know much ppl here. There is lots of indian community here but dont know why none is responding. If I can find one guy also I can book a car and drive there for rally.

    if no one responds here, please find a friend in Buffalo to travel with you!
    or in Rochester or Syracuse or something. Plesae help spread the word about the rally. The University most definitely has affected folks- in fact it has oodles of them! let us know hoe we can help you with motivating people to come...if you could collect enough people...one bus could start in Buffalo and work it's way down...



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