Tuesday, June 28, 2011

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  • maddipati1
    04-23 04:23 PM
    i was in the same situation. entered US with H1 visa. passport expiry in few months, so got I-94 for few months. got the new passport. drove to San Ysidro, crossed border and came back immediately. got the new I-94.

    i have EAD/AP and lawyer suggested that i don't really need to get new I-94. but, since i have been using only H1 and not used EAD/AP so far, wanted to have a clean record.

    parked behind jack in the box($5), walked outside on the bridge (no elevators) with 8 years worth of my immi dox, every doc i have so far. after exiting the bridge on Mexico side, took the other bridge towards left side to cross the road. after getting off this bridge u will see traffic going in to US. walked parallel to that towards US on footpath. found the lines of people going in and joined them.

    only hiccup was, while coming back, just joined the lines going in, but didn't go to CBP office, where they issue the new I-94.

    so, had to go back and go to the CBP office. The board outside CBP office reads 'PERMITS' in English and Spanish. Went in (hardly any line to wait) and got the new I-94. the officer at my window has no clue about what to do, literally nothing, may be under training. the officer sitting next to him, knows exactly what to do. so he helped issuing new I-94 and stamping on the new passport. then paid $6 at the cashier window across the hall. then joined the lines back.

    the IO was very friendly and was reading out loud abt my company name, visa status etc, while i was explaining why i am there. then the usual baggage security check and back. if its not for the hiccup, it would only take an hour total.


    .





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  • apb
    08-08 07:50 PM
    I spoke with the lawyer. She asked me to get an affidavit stating the arrest reason and also what happened. She will send this as soon she gets my receipt number.
    I am not having any case/docket number since this happened 4 years back.
    Lawyer is saying this should be ok and this falls under misdemeanor.
    Any suggestion?





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  • optimystic
    09-11 03:37 PM
    With the Oct Visa bulletin now official, Its high time we did some thing like this if not some kind of class action law suit.

    We should not let USCIS explain it all way with "Our estimates were just too high...its not our fault you got screwed" :mad: . They need to be made accountable :mad:





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  • shana04
    12-31 01:54 PM
    If you had bothered to search these forums you would have got your answers in 5 minutes. However its just easier to ask something and sit there waiting, right? instead of reaching out, researching a bit?

    Now that someone has answered your questions, would you consider atleast contributing (http://immigrationvoice.org/forum/showthread.php?t=15905) to IV? The same questions you have asked here, if you ask some of the good lawyers, would have cost you $300!

    Please do not hurt any ones feelings and sentiments (think about your self in that situation and then answer.

    People come to IV because they think that there are some good people who would suggest and help.

    And please remember one thing, if you are in a hurry and dont have time. you would not think about browing or searching, but post your quesiton. And who knows he might have even done his browsing and asking for experts opinion.

    And IV is an org and it at their wish and will of individual whether to contribute or not.

    so please do not force any one.

    Good luck to you.



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  • gc_chahiye
    08-19 12:40 AM
    I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice

    if you are within 6 years of your H1 change jobs ASAP, you need a supportive employer at many stages in the GC process. As it is the ride is wild and painful, if your employer is also acting smart it can be horrible for you. Jump to a better employer (even if you take say a 10% hit in pay) and restart GC asap.





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  • sweet_jungle
    10-06 12:08 AM
    I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
    Lawyer has suggested using 485 EAD once it comes.
    Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
    I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
    Let me know if you can some concrete info on this.

    Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.



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  • 123456mg
    07-22 03:20 AM
    I guess this community is not for willful violators like you. Here we are trying to share information from/for people who follow rules. There are many people (anti-immigration lobbyist and anti-H1b lobby) reading this forum. This will give impression as if this forum is for giving advise to people like you who do not care for the law and will give bad name to IV. I guess you should cough up some money and get advise from a good immigration lawyer. Also, I would suggest a moderator or administrator to look into this matter adn have this thread removed.





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  • chanduv23
    12-16 11:01 AM
    You may want to remind people in the day about the chat. Once it happens regularly, people will remember.

    Agreed.

    Folks, we have this Chat every Thursday at 9.30 PM EST



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  • dkann
    08-27 02:35 PM
    Got 2yr EAD for both me and my wife with expiration date in August 2010.
    I 140 still pending. (Filed July '07, concurrent).





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  • snathan
    04-13 01:27 PM
    Thanks for the response.

    So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.

    And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?

    How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.

    Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.

    Your help & advice greatly appreciated.

    Thanks

    Send the email. Then if you are not getting anything file a complaint with DOL. If he is sueing you..hire a attorney for couple hundered dollars and draft a response letter. Stating all the illegals things which he is doing like not paying on bench, tell him that he will lose his business and need to pay for the stress you are going through...



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  • glus
    03-19 11:55 AM
    Gurus,
    I am writing on behalf of a close friend who is too worried to write it for himself.
    Case:
    He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.

    Well. Even if I140 was denied for no good reason, and your friend files an appeal and it eventually gets approved, his priority date must be current when he re-submits his I485. So, this way or another, he needs to get I140 approved. I140 appeals take a long time. Maybe, he can try to re-do I140? That would be much faster and probably less expensive.





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  • drirshad
    05-24 11:22 AM
    Is postal address for e-Filed AP & EAD same, are the 2 photos is only for EAD renewal not AP, seems they will take a picture/fingerprint for AP by appointment.

    Anything missing from the following:

    Req docs, you will have to send (I-765/EAD)
    1. a copy of of your I-765/EAD E-file receipt,
    2. pending I-485 receipt,
    3. two 2"x2" passport photograph,
    4. copy of your previous EAD, both side
    5. drivers license, both side
    6. passport non-immigrant visa page
    (even if its expired, it will serve as a federal issued photo ID).

    Req docs, you will have to send (I-131/AP)
    1. I-131/AP E-file receipt
    2. Photo Id: License
    3. Passport visa page
    4. 485 receipt copy
    If applying for Re-entry Permit, you must be fingerprinted as part of USCIS biometric services requirements. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, USCIS may also take your photograph and signature.



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  • Life2Live
    06-06 11:32 AM
    Bump





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  • Sunx_2004
    07-06 10:58 AM
    Can someone please provide the format of the affidavit.

    Other than the copy of your marriage certificate, pictures, children's birth certificate, etc., you can send an affidavit signed by a notary public, perhaps someone who works at the local municipality/city hall, etc. In addition, you should submit proof of joint financial holdings such as copy of this year's 1040 and state tax forms filled as "married filing jointly" (if you did so), a joint bank account, joint property ownership such as house and car, joint car insurance, home insurance, other bills (to show both of you are living at the same address), etc.

    However, I would recommend using a lawyer (if not your lawyer whom you seem not to like) for preparing the RFE; I guess you do not want to suffer setbacks in your GC processing merely for saving $400!



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  • nayekal
    02-17 11:29 AM
    Hi Nayekal,
    I am in the same situation as you. My wife's employment is expected to end in the Middle of March.

    1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

    2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.


    Can you please share your experience.

    Thanks....

    1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

    What I understood from your question is your H1 expires on End of March and you need to apply for H1 extension from Aril 1 2009. If this case, you can apply for extension right now as well. Remember, you can apply for H1 extension within 6 months of your current H1 exp date. This is what my company did for me. They applied 5 months earlier. So, when you are applying for H1 extension, you can apply for H1 to H4 for your wife. In that case, your wife status is safe and your wife will get approval for H4 with I-94 period as stated in your new H1 copy (her H4 period equal to your new H1 period).

    2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.

    In case your wife gets a job offer later, her company can file for H1 (independent of quota) and she gets H1 for 6- whatever period she already served on H1, capped at 3 years.

    Good Luck.





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  • gcpool
    10-06 01:27 PM
    If your I-485 EAD comes through you have to use that and not the F1 EAD.



    My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....

    Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes



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  • pcs
    01-01 08:46 AM
    Thanks for the info but my question is about multiple I-485 filing...

    Is is legally possible to do that ? If one could do that, will it create I-485 processing complicated ?

    Thanks





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  • tor78
    08-20 03:22 PM
    Just curious, how did they find out?





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  • eilsoe
    10-22 04:09 PM
    Tell me guys, where the hell is Vincent hiding in FF7?

    Never did find him, and I've played it like 3 times...





    paskal
    03-03 05:51 PM
    Hello there,
    This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.


    Thank you


    unfortunately though i suspect that the Conrad programs define participants as "physicians" which presumably does not include dentists...how about you check with your state health department?





    rbalaji5
    11-16 11:55 AM
    Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.

    Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.

    Or is there any other way to extend my I-94 without crossing the border?.

    Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.



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