Sunday, June 12, 2011

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  • eb3retro
    04-15 08:40 AM
    Hello,

    You have no idea how I am desperate and will appreciate your help.

    I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.

    The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.

    My only visa has really been revoked so I really overstayed 7 months.

    Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.

    Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.

    Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?

    Thanks a lot for your advises

    i am pretty sure you wont find any advice for illegal activities here in IV. Here you will see only law abiding LEGAL highly skilled immigrants discussing their issues. Before anyone I will show you the door out of IV, if you want advice for breaking the law.




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  • masterji
    10-14 05:40 PM
    I thought AP must ONLY be used for emergency travel purposes, not for vacations, brother's marriage etc. Some IV members shared their experiences at the POE, the IO may ask why you left US, what was the emergency? Please correct me if I am wrong. Can AP be used for casual travel also? Thanks.

    Not a lawyer. This is not a legal advice.




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  • Raju
    05-16 10:37 AM
    Hi,

    Well, Bush has delivered his address on the immigration subject. Unless I am missing something, not a word was said about the Legal Immigration or the H1Bs. All the focus was on the illegal immigrants and the border enforcement.

    Does that mean that the Legal ones like us are in the backburner? Would the Senate and the house focus only on the illegals and give them the path to citizenship, leaving those who played by the rules, in the lurch? What kind of justice is this in the "Land of Justice"?

    I hope the senators and the representatives are sensible and leave the provisions for the EBs in the proposed bill, alone.

    Hoping for the best.

    Higcoptimist

    This also means that most of them are in line with the legal immigartion related text in the bill. Also, if CIR passes and if it has all or most of the EB based legal stuff that is already in it, then we should be OK.




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  • waitingnwaiting
    02-11 11:42 AM
    What are IVs recommendations ??

    It is a Donor only information.



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  • dbevis
    May 23rd, 2005, 05:43 AM
    Of the 3 the first one is my pick. Nature has little regard for keeping things level and plumb, so the shot has a slightly tilted feel to it. On the second one, it feels a bit cramped and probably would have benefitted by a bit more of the sky - perhaps by shooting from a lower angle.




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  • lazycis
    05-01 12:52 PM
    If I-485 is still pending, you can try to use AC21 and port old I-140 to new employer. Nothing to lose, a lot to gain if it works out. AC21 is not clearly defined and it's not codified in regulations so you have a good chance to prevail. The only problem I see is that the old employer no longer exists. Termination of the employer's business is one of the reasons for automatic revocation of I-140 (see 8 CFR 205.1(a)(iii)(D)). However if old employer was simply merged into another company, you can argue that business was not terminated.



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  • Curious_Techie
    09-30 10:12 AM
    I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.




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  • BharatPremi
    09-24 11:35 AM
    Man why you need reciepts?

    First of all those receipts are Applicant's (Employee's) property so I believe, if something is my property I MUST have it with me... Period. Now one thoughful reason is that, during the whole damn process, if you are not satisfied with the action taken by your lawyer and you want to change your attorney then having receipts with you would make your life easy then. Actually my attorney is really good and I do not see this coming but hey, if you have your originals with you it is better. Another reason is that suppose say in future, if you have to plan for Emergency travel outside, you would not have to plan waiting for receipts coming from your attorney then.



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  • jonty_11
    01-22 12:01 PM
    Thank you JAPS19 - This Helps - Thank you.

    I dont have H1B for the new company, just employment letter and pay stubs.

    Can you please advise why you were sent to downtown? for what verification?

    Which airport was your port of entry?

    I dont have a lawyer anymore as I got laid off from the sponsoring company and working on a new company with EAD.

    Guys, take it easy, if they deport you from the port of entry the world will not come crashing down....Always keep your head up high and walk upright....we are more educated and learned than most of the folks around the world...so why be afraid....Just be honest and tell the truth...and let time take its course...NO FEAR and HONESTY should be our motto in these times of trial!!!!




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  • sprash
    10-15 04:00 PM
    I saw the suggestion of asking lawyer to send AP while you travel to India without it. Although it sounds like a good idea but could be dangerous. I had a situation last year when I travelled to India with AP applied for but not approved. Unfortunately i had my old passport and visa damaged in India. When my lawyer wanted to expedite AP so that i can travel back as my old Visa was damaged and the only way to travel back was to use AP, they found out USCIS has issued an RFE on AP. Though RFP was trivial and they only wanted a clear copy of first page of passport and AP was approved immediately when it was submitted.


    I agree. This is very risky. I had applied for AP way back in June '08 and while my wife got her AP in AUG, mine was happily ignored till used DHS 7001 to escalate my case. I ultimately received an RFE saying that I did not include photos (which I know 100% sure I did ... they probably lost them). 3 Soft LUDs since they've received my photos, but no approval yet. I might be canceling my trip to India that commences on thanksgiving weekend if it does not come in time.



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  • fcres
    08-14 03:37 PM
    I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.

    Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.




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  • lost_in_migration
    05-14 07:36 PM
    Thanks a lot coreIV



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  • Nil
    11-09 09:19 PM
    ^^^^




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  • pappu
    10-23 11:45 AM
    I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.

    All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.

    Yes. Pre-Adjudications can happen regardless (dates current or not). However having a pre-adjudicated file has no consequence on immigration benefits unless your dates are current. When the dates become current for the applicant, the file is pulled for allotment of visa number.

    I will correct my post to be more specific.



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  • terpcurt
    December 25th, 2004, 06:38 AM
    My phone is not a camera phone.......................... and I like it that way ;)

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    View Full Version : FP Scheduling worries !





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  • Quest99
    09-14 03:30 PM
    Here is my story:

    I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.

    Here is my problem:

    1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).

    I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.

    I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).

    Company B is asking me pay $3000 for some damages and they say that it is as per the contract.

    To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.

    The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).

    The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.

    I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.

    Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.



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  • pappu
    08-10 03:59 PM
    we lost a golden oportunity to do a fund drive. Historically during good news period a lot of members participated in the fund drive, but because the IV website is broken and the threads are displayed irratically and not in the latest order the funding drive threads are hidden and irrelevant one post threads are showing up. We might have lost out on a 10 to 20k worth of funding because of this mistake. I request the core team to please fix this immediately. A lot of new members have joined IV and they might not particiapate in the funding drive because of this thread mistake.
    All this needs funds and time. Either we invest in lobbying or maintain a forum. It is tough. With $20 dollars it had been difficult.




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  • number30
    03-29 06:02 PM
    You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.

    Yes That is the way. You have three years to ammend your tax return. It is simple and common




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  • vsc
    01-31 06:44 PM
    thanks for the reply..this means having a dependent visa is the key at the time of approval..

    if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?




    desidas
    01-22 08:01 PM
    What do yo mean by siwtching employer using AC-21 and again H1B status? Do you mean that you have a H1B with the new company? In that case isnt that just a H1B transfer? noa Ac021 switch?

    I am also in similar situation.

    I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.

    Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?

    Thanks in advance.

    BK




    permfiling
    12-22 07:34 PM
    Please update your profile on IV



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