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  • pradeepd
    01-23 12:12 AM
    Hi,

    I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)

    I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns

    1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
    2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
    3) Or is it advisable to go to india and get it stamped

    My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.

    I need your urgent help and all of your comments and suggestions are greatly appreciated.

    Thanks,
    Sudha





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  • cooldudesfo
    09-11 12:38 PM
    My main concern is RD of 28th August.....Does that mean that we are falling out of August 17 window and our cases will be put on hold or may be denied.......

    Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....

    Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....

    Anybody else in same situation?

    Did you guys talk to your Attorney?

    I just sent an email to my Attorney and waiting for the reply....





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  • techskill
    01-10 05:29 PM
    does anyone have an answer

    I read somewhere that you should have $5000 minimum in the your account.





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  • matreen
    08-27 09:43 AM
    If university is not accredited with ABET, USCIS won't accept this masters for EB2?

    I believe there are lots of other universties are not accredited with ABET and and who have done their masters from these universities they are getting EB2 approvals?

    Thanks,
    Matt

    .....and none of the accredited universities give you admission to MS unless you have bachelor's degree, and most of the online MS degrees are not from ABET accredited universities, please get all the information about the degree before you pay any FEE:o



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  • ramankgb
    06-03 11:15 AM
    E filed both myself and spouse application 157 days before expiry of EAD. Received Receipt numbers immediately, since i e-filed. i did send in the documentary evidence supporting the case also.
    Also received FP request, which i had to re-schedule twice(once for visit abroad, second on missing app. due to late arrival of notice). Finally got FP completed on third try.
    However, i received email stating that an RFE has been send for both our applications. Still awaiting for the paper document.

    Does this mean the application was accepted? Or Should i e-file once again instead of waiting on the outcome of this application as i am already a month late to expiration of EAD?
    *********
    RFE asked me to clarify my intend for applying for EAD (replacement or renewal). I replied that i had asked for renewal and that i was not aware of any limit on the date.
    ===================Update=====================
    EAD Card recieved with 1 year extension from date of expiry of previous EAD.





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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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  • jediknight
    04-06 08:34 AM
    I was worried about the Immigration status with the FHA loan processing. Glad it's not an issue.

    Still debating whether to refinance via FHA or wait for a few months till the house prices are better and do a conventional loan. The FHA MIs are quite steep in my case ($20K upfront + $350 per month)

    - JK





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  • hopesoon
    09-02 12:39 PM
    I am EB3 (Aug 07) because of my lawyer�s mistake; but in June they asked for further medical testing, it can be a good sign they are looking into EB3.



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  • gneerajg
    07-27 02:03 AM
    Hi,
    I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not

    Neeraj





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  • Ann Ruben
    05-12 03:24 PM
    First, you should file for the extension as soon as possible to give ample time to respond to any possible RFE. To be sure you have enough time to sort everything out, you should consider paying the additional $1000 premium processing fee.

    Second, If your company employs fewer than 25 employees, and more than 7 of them are H-1B visa holders, then your employer is considered H-1B dependant and may have to meet certain requirements with regard to your salary (must be more than $60,000) or credentials (must hold advanced degree).

    Third, if there is an RFE requesting contracts, etc. I would recommend getting a letter from the product company detailing the duration and nature of the relationship with your company and confirming its ongoing nature.



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  • computerClerk
    06-11 05:26 PM
    Kris,

    This is a similar advice (complaining to DOL) that you gave me about my employer's non payment for 4 months.

    Would you kindly elaborate on what kind of protection an employee has, once he complains to DOL about employer and the employer retaliates by firing employee and revoking his petition.

    Thanks

    Gaurav.

    1. Send an email to the employer
    2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
    3. If you have not received your dues, complain to your DOL immediately

    I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.

    - cheers
    kris





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  • gc_bulgaria
    02-12 08:50 PM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.

    We have used it. I don't see any negative effects to green card. You are resident for tax purposes.



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  • quizzer
    01-08 02:03 PM
    As far as i know PF is controlled by the central government, TCS will not have any say in you withdrawing your money. Generally there is an upto 15% match from the company in your account, and that is yours the moment it is deposited in your account. You should not have any problems withdrawing your money. Your money is yours. Some companies deposit PF monies quarterly, small companies deposit it annually, in those cases you might be screwed if you company did not deposit the money in your account.

    thanks for the response.

    Iam also looking for somebody who has managed to withdraw from TCS PF..similar to my case





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  • rajuram
    09-08 10:05 PM
    Hi all,
    I know the Forums are still pretty active but is the IV Organisation itself still active?

    I came across the IV website yesterday and was really stuck by the mission statement of the Organisation. I did not think twice - went ahead and got registered and made one time donation. I even voted for one of the polls for Sep 18 rally and making plans to visit DC but only to realise today that it was really old one :) Also when I was reviewing the forums today I realised that most of the activities seem to be around years 2006-2007 - like Fundraising Campaign or Media News ,etc.

    Appreciate anyones response to let me know if IC is still active. Please do not direct any personal attacks. I did not need to explore GC info so far since my GC was started only during March of 2010 & got my Lc approved only yesterday.

    If the organisation is still active, I am looking forward to joing the CT chapter. Thanks!


    Very good question. Depends on how one defines "Active":D

    Some people can be awake while sleeping and some people can be sleeping while they are awake.



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  • fullerene
    12-14 09:29 PM
    I received an invitation letter from Congressman Marty Meehan to attend the town meeting at 10am 12/16 at UMass Lowell.

    http://www.house.gov/meehan/

    Although the topic of the meeting is "Climate Change: Local Solutions to a Global Crisis". But it will be a good chance for us to meet congressman.

    Congressman Marty Meehan is Fifth Congressional District of Massachusetts He does not support the CIR but he do support the elimination of backlog of GC. He is a member of both the House Armed Services and Judiciary Committees.





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  • karanp25
    07-13 08:01 PM
    ski_dude12, u r just inviting trouble for urself by not keeping uscis in the loop. I assume u lost ur night's sleep looking for the valid source of my earlier comment? keep looking.

    I will continue shooting "off my hips" .... i think i may have missed it this time...

    Are you sure about that? Can you give your source that says

    "You have to inform them of every small move even after citizenship is approved".

    If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.



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  • pd052009
    04-29 10:42 AM
    In less than 5 working days. I got for my son 2 weeks back. Very good service.

    Did you get attestation for baby's passport copies and birh certificates?





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  • bhavingreat
    09-22 05:09 PM
    hi,
    Thank you all for your reply.

    I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.

    Thank you again for all replies.





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  • Libra
    09-15 10:43 PM
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    PD_Dec2002
    06-24 10:58 AM
    Thanks janilsal.

    We got married in a temple and returned the license to the County Clerk's office.
    We can't mention martial status as married due to family reasons.
    We are fine applying with martial status as single independently since both of our PD is current now.
    Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
    Please advice.

    Thank you!

    I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.

    Thanks,
    Jayant





    CRAZYMONK
    08-18 08:54 AM
    Gurus,
    Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".

    The reason specified in the letters:

    - Section 203(b)(2)(A)
    - 8 C.F.R 204.5(l)(3)(ii)(C)

    Please advise me what to next..! Is there any chance of a positive result.?

    IF ANYBODY KNOWS A GOOD 'EDUCATION EVALUATION AGENCY", Can you please post it here?

    Thank you..

    Rgds,
    Raju

    So its not denied. They are asking you to provide more documentation. MTR is not necessary



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