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  • injrav
    09-09 07:57 AM
    Hi Friend

    welcome to Immigration voice
    Please take some time to go through each and every post, it will give clear idea what IV is planning to do.

    Thanks





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  • Robert Kumar
    03-17 05:16 PM
    If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.

    In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.

    I thought that manager control rule is for L1 visa, where consultant must work only at direct client site.





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  • Escape_Velocity
    04-10 12:48 PM
    GC Struggle, I am not sure about your comments on "reactivated by filing an amendment with USCIS" to get back to H1B status after being employed with EAD. As per my understanding once you had utlized EAD then if one wants to go back to H1B then it is like a NEW H1B petition and NOT just claiming your old H1B. If possible could you pls provide a link to official document stating the approach suggested in your post.





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  • ajkastar
    07-27 01:32 PM
    Hi,

    We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
    We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
    Your response will be appreciated. Thanks.
    Thank you!

    Yes I had my 1st fingerprints done in 2003 and 2nd in 2006. Status was updated for first but not for second firgerprints.



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  • STAmisha
    07-27 02:32 PM
    Bumping up





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  • lord_labaku
    08-14 06:19 PM
    I am sure people from 2001-2006 EB2/EB3 who are still waiting are jealous of your situation even though you feel like you are in a big mess ( might have contributed to a red dot)



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  • ronhira
    10-11 07:41 PM
    poorslumdog is tunnel rat





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  • dpp
    02-12 12:35 PM
    It is only either Nebraska or Texas now. No other centers process I-140. For Texas center, it is appx 1 to 3 months. But for Nebraska, it is anytime from 6 - 9 months.



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  • indigokiwi
    05-20 03:32 PM
    What exactly does "OP" stand for?





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  • teachla
    11-02 01:17 PM
    A note: If you look at the web sites of immigration law firms, some of them can be very deceptive in giving you a feel that the firm is big; none the less it does not mean that big firms give the best advise and results. One advantage of big firms is that they deal with a good volume of cases and have good knowledge inhouse about the trends and what might work/does not work.

    Here are some of the consultation rates of the one's I had checked with last year:

    Carl Shusterman Los Angeles $ 390/ consultation - 30 Minutes
    Josie Gonzales Pasadena, CA $ 400/consultation- 30 minutes ( calls herself the queen of PERM )
    Sheela Murthy- Maryland $ 250/ 20 minutes
    Attorney Dana Delott ( works in Sheela Murthy's firm $ 200/20 minutes and is good for consultation), other attorneys in Sheela Murthy's firm charge 150 USD for 20 minutes)



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  • legal_la
    07-17 08:10 PM
    So, are we again planning to send flowers or thank you card to Emilio


    They are clearing the mess they have created. I agree not many people correct their mistakes, people who do, should be noticed. But that is all we should do.

    If not for our fight and raising our "voice" they would never would have even considered it.

    So if I were you I would just say thank you to him and instead of spending the money for greeting cards or flowers to emilio, I would be donating it immigrationvoice which will help our voice grow even stronger.





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  • WaldenPond
    12-30 02:02 PM
    For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.

    Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.

    Thanks,
    WaldenPond



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  • flresident
    09-05 02:46 PM
    I had got RFE email on 8/28/08. I got the letter today in mail.

    My mother's name on G325A was written as her mainden name (as per form instructions) and its her married name on my BC. Now USCIS finds this discrepancy and needs evidence to establish my parentage. I will have to submit my BC which is already been done. I am not sure if that will suffice.

    Has anyone else had similar issue?

    Thank you in advance.

    Probably what you need is an affidavit confirming your mother's both names.
    That's my opinion.





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  • stxvr
    07-09 11:25 AM
    "Desi3933- For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location."

    1. From where you found this 50 mile rule. Are you sure about this?
    2. If you have worked on 2 LCAs (1 used for the 1 time 1HB, another during the extension), then in that case they look into the latest (used for extension) OR they look into both?



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  • go_guy123
    06-09 11:14 PM
    Dear Viewers

    Could anyone please advice me on how to claim the unpaid salary from the previous employers.

    I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

    Any piece of advice would be of great help.

    WH-4 form is for complaining to dol





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  • Blog Feeds
    04-26 11:20 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)



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  • rajuram
    07-13 12:55 AM
    GTS = go to sleep





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  • nb_des
    02-13 10:17 AM
    i spent around 3000$ for studies, could get only 2000$ under lifetime...

    is there anyway i can claim the entire 3000?

    I don't think you can use both lifetime credit and tution deduction. Lifetime credit is a credit applied directly to amount of tax you owe and tuition deduction reduces your taxable income. You can use only one ( whichever gives you maximum benefit).





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  • adde72
    06-30 09:10 AM
    You are a line jumper. Get out of here..:mad:


    Line jumpers will pay he price later. USICS will be very tough in dealing the substitution LC..........desi employer are just making money by telling sweet words and attorneys are doing the lip service.

    I am forwarding all the emails to USICS ,which i am getting from the employers who are trying to sell the LCs to me .





    gsc999
    08-22 02:29 PM
    My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.

    I hold a MS degree in CS and BS degree in Industrial Engg.

    Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.

    Has anyone faced similar situation? How can I resolve this issue?
    Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
    ---
    You should be Ok. Usually the job req. list the "minimun" job requirements. If you are overqualified that is fine.





    cox
    November 21st, 2005, 05:28 PM
    I agree with #2 as best. #4 is also interesting, but I like the clarity & eye contact in #2. Great capture, Joey. :)



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