Wednesday, June 15, 2011

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  • Appu
    07-09 02:38 PM
    Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.

    Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?

    1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.

    2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal

    Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).





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  • randallemery
    06-29 09:49 PM
    It's next Wednesday morning on July 5th on Independence Mall in downtown Philadelphia. Give me a call or email me if you are interested. I would need to know right away though.

    You can find my contact info here:

    http://americanfamiliesunited.com/index.php?option=com_contact&catid=12&Itemid=3





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  • GCBy3000
    01-03 03:57 PM
    Great pledge and Thanks.

    Members, please update your signature with your pledge. It is an inspiration point for you as well as to other members. We need this inspiration for ourselves more than IV needed.

    This pledge and contribution is for ourselves and not for anyone else. We are going to enjoy the fruits if we can make the difference with lawmakers. IV core members can put their head into more important statergic thinking than worrying about funds. We can atleaset help ourselves by this simple pledge. There is not physical work invovled with it. Commonnnnn..... cheer up and lets get what we want from the new congress.

    Do your KARMA and leave the results to time.

    I pledge to contribute $40 a month. And more when ever I can.

    -- Also guys lets keep the momentum going .. we need more people enrolled and every single one of us opening up their wallets.





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  • ivgclive
    04-13 04:56 PM
    It is not a joke.

    It happens to one guy last week.

    My friend knows it for SURE.

    He is working for a software company and that was the first time he traveled to US on a H1B visa.

    As soon as he landed in JFK, the immigration officers (4 of them) went to him and gave him "Green Card".

    No PERM :rolleyes:, No I-140 :rolleyes: and No-I-485 :rolleyes:.

    How is that?

    PS: On the same day they ordered "Expedited Removal and 50 Years Bar" and sent him back. He left US happy with his "Green Card".



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  • Euclid
    02-12 10:07 AM
    Hi Ann,

    Thanks so much!


    Hi Euclid,

    In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.

    Ann


    Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?

    A The �receipt rule� is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
    An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
    32
    1.
    A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
    replacement document to complete Form I-9.
    Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.





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  • punjabi
    02-28 12:48 PM
    Nothing to worry if you are a genuine employee of a genuine company, as most of us are! People who don't cheat need not be afraid of USCIS or IRS inquisition.


    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:

    The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more.
    ...
    ...
    More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)



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  • abracadabra
    01-16 04:44 PM
    According to my attorney it is always best to be on H1 if the new employer is willing to do and invoke AC 21





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  • raysaikat
    01-23 12:13 AM
    Has anyone of you heard about Nunc Pro Tunc H1B? Will that help in my current situation with a valid and approved LCA?

    Nunc pro tunc means a retroactive action normally used to correct past clerical errors. For instance, suppose your birth year is 1978 and in a form you put 1987. You may be able to retroactively correct that, which would be a nunc pro tunc.

    Your problem is not a clerical error; you did not file H1-B in the first place and started working. I will be extremely surprised if you can make USCIS accept (what is in essence) a back-dated H1-B petition!



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  • senthil1
    07-26 10:04 AM
    I am not sure about changing H4 to F1 as F1 is dual intent visa. I am sure mostly your wife's F1 will be rejected at Consulate as her spouse is staying here but I am not sure about changing status from H4
    to F1 here.
    If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer

    Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!





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  • sunny1000
    10-01 07:09 PM
    What is the status of this bill ? Anyone?

    Is Sen Cornyn's amendment to this bill still considered ?

    Nothing about this bill has comeup during the last few days.......

    dead.



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  • GCneeded
    05-26 11:20 AM
    Thank you core Team for all your efforts
    Thank you QGA for the great work and helping us out in a big way.
    Thank for all the senators for making this happen.
    Last but not least ,A BIG THANK YOU for the family of core members who had to put their social life on hold when the core team was working for our cause.

    We are ready for the next battle with the core team and QGA in the lead.





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  • martinvisalaw
    06-16 01:01 PM
    Thank you Ms. Martin for your replies, it has been very helpful. As a follow up to hiralal's post, I have a question regarding H-1 status, totally unrelated to the original poster.

    If one has a valid H-1, already extended beyond 6 years and is valid till 2011, has a pending I-485: what happens when that I-485 is denied? Is the H-1 status lost immdeiately as is the EAD/AP situation?

    Your H-1B should not be revoked just because the 485 is denied. You should be able to continue in H-1B status until it expires. However, you would not be eligible for extensions since you would be over the 6 year maximum.



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  • espoir
    07-27 04:06 PM
    The moment you use your EAD to get a part time job even you still are working fultime job, your H status is suspended. You can still work with your employer who filed your GC not in H status, but with EAD.

    In other words, you can only be in one status at any time. You cannot have H status and work on EAD at same time.

    What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?

    Senior pl give advice.





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  • yestogc
    11-17 02:26 PM
    using AP with H1B will not affect your h1b status in anyway.

    Go with what roseball said ..................... 100% true



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  • paragpujara
    04-05 08:30 AM
    Yeah I will consult a lawyer but before i contact him just want to make sure whatever my employer is explaining is correct or not..

    Thanks for your valuable advice.





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  • tnite
    06-18 04:12 PM
    I'd got an extension within US, haven't left. Are you sure to put the old visa info. What about the new H1 approval which is valid. Shouldn't one put that info.

    BTW, what is the visa no#..is it the control no# or EAC no#...

    H1B approval notice doesnt carry any of the information requested like visa no, date issues, place issued

    You can check with a lawyer.
    Visa number is the number on u'r H1b visa stamp in the passport which is on the right bottom and it's in red color.its not the control number



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  • black_logs
    04-17 08:24 AM
    I have a friend whose PERM is pending since Dec'2005. But it's not as bad as yours, 10 month is....





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  • rameshvaid
    05-27 10:22 AM
    I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.

    Thanks Bfaldia for sharing the info..

    RV





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  • freddy22
    07-20 07:24 AM
    my son was charged with criminal mischeif 4th and a petty larceny charge - as a YOUTHFUL OFFENDER and under NY Law and US Law this is NOT a deportable reason for the INS to start proceedings - in othert words crimes charged under YOUTHFUL OFFENDER are not grounds for deportation or INS charges so is my research - am I right?





    amitkhare77
    10-08 10:38 AM
    If the JOB requires EB2 then you can file EB2 and not because your qualification/experience is equivalent to EB2. If your company can prove why you are the best suited for this JOB which is EB2 category, there should not be any problem. Given the circumstances - filing EB3 will be a safe bat.
    Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...





    jayleno
    12-16 10:42 AM
    Its very sad that such employers exist. What did your lawyer have to say regarding this? Is the lawyer appointed by the company or yourself? If the lawyer was apoointed by your ex-employer, I think the safest thing is to get your paperwork and move to a different lawyer to represent you. Please do not panic, fight it out.

    I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

    Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

    1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

    2...by submitting any paperwork to them can he hamper my proessing?

    3...Do i have anything to scare about?

    4...what should i do now?


    This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

    I need help.....please let me know what should i do....please people help me....



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