Wednesday, June 8, 2011

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  • vreifsnider
    11-28 01:20 AM
    Hello ,

    Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.


    My question is , what posibilities are the USCIS can approve or deny my petition?

    Here is the info about the parent company with the us branch :

    Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
    My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.

    I do not carry profesional degrees however i was in the payroll of the company since 1998.
    I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.

    My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.

    Is this sufficient to get an approval? or it can be rejected?
    We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.


    Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?

    Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.

    How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!





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  • karthiknv143
    07-31 06:14 PM
    make sure is htere any filing fee check sent back in the package...





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  • gcformeornot
    01-22 03:17 PM
    had loan with IDBI with no penalty if self paid. If you transfer to another financial institue then they charge 2%.





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  • uma001
    07-21 06:33 PM
    Hello Uma001, Kindly refrain from giving misleading information. It does put a thought on several people's mind that breaking the law is "chalta hai". Especially cases like these should be asked to be handled by qualified attorney.


    It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
    So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
    Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?



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  • raysaikat
    03-28 11:01 PM
    Saikat,

    Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?

    -rgpr

    Note that "status" is different from "visa".

    Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).

    Coming to the denial, what denial are you referring to? There are many situations.

    In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.

    Now supposing that you do not quit your school:

    (i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.

    (ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.

    In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.

    (iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.





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  • gc_chahiye
    02-11 01:28 AM
    Also, there is no way that they can reduce the backlog if they end up waiting for the PDs to be current.

    I think you missed the point: if no PD is current, then there are no backlogs.
    If a case cannot be approved because it exceeds the regulatory requirements, it wont count as a backlogged case. It will sit there, gathering dust, but wont be counted in any of these stats...



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  • nirupama.reddy90
    01-21 05:11 PM
    Your post is confusing. If you got laid off, how come you are on job as yet?

    Have you found a new job? Are you working on new H1 or EAD?

    Please clarify before I can answer wisely.
    Hi All, Thanks for comments and suggestions.
    I am sorry while i was writing my initial post i missed adding NOT,

    "As I am NOT on job at present, I can not produce any client letter at consulate in case if they ask. "

    Let me add more on my scenario, I don't know how correct to use the word "laid off", my contract was ended in DEC-08 with client, but still my H1B holding company is paying me and said that they will support sending me all needed documents for H1B extension Stamping, asked me to take a vacation for a month or so (as any way i am going back to India for extension).

    As "LostInGCProcess" said as long as my company is paying me, Will i have chances to get my extension stamping? or Shall I have to be on the job with Client and have to carry a letter of proof showing which client i work for?

    Sorry for getting u all confused with my first post.
    Thank you
    Niru





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  • chem2
    06-15 09:07 AM
    if you completed an I-9 with your employer after you recd your green card, you may be able to ask them if they are willing to let you make a copy from their files.



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  • desitechie
    07-17 01:49 PM
    Traveling for the 1st time on AP (used H1 stamp previously, now I am on ead), wanted to know how the experience at SFO is. Do they always send you for secondary inspection? Anything else to know beforehand?

    here's the list of docs I have from earlier post:
    (http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24709-good-to-carry-documents-for-ap-travelers.html)
    - All copies of AP
    - EAD
    - Passport, of course
    - 485 receipt notice (Good to carry)
    - 140 approval notice (Good to carry)
    - Labor approval notice (Good to carry)
    - Company identification card/badge (Good to carry)
    - Current employment verification letter (Good to carry, I never did and I was okay)
    - Old stamped APs, if you have used AP to travel in the past (Good to carry)

    anything else?

    Also, when leaving Bangalore, any issues if you only have an AP and no H1 stamping?

    thanks.

    I came in Jan and secondary inspection took only 10 mins. Just gave the PP and AP doc.





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  • Picasa
    01-22 03:48 PM
    What do you mean by 4 part payments?
    Here is the scenario
    Lets say I have Rs 100,000 principal loan and I can make 4 payments of Rs 22,000 (4X22,000= 88,000) and tells ICICI bank to span rest of Rs. 12,000 (100,000-88,000=12000) in 13 EMI.
    Please correct me if I am wrong.

    Also note - you are allowed only 4 part payments in a year. Especially with ICICI bank. So plan carefully. That way you are left with only 13 EMI's with a smaller amount.



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  • texasguy
    06-13 11:58 AM
    Thank you all for your prompt reply.

    We have the police report and I filed e-filed I-90 replacement application.
    Hopefully, this situation does not happen to anyone.

    Thank you all once again.





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  • raj3078
    07-12 10:16 AM
    just let adolf tancredo roll of your back...hes just trying to get few more days of publicity out of his quickfading presidential bid. sala tingu

    I think his new presidential slogan should be Hail for Natives, Hell for Immigrants ;)



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  • pune_guy
    08-20 06:28 PM
    Yes these are the same databases that I have.





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  • go_guy123
    03-01 04:23 PM
    Friends,

    I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.

    Thanks.


    At the end of expiry of the PR card that you get, you will need to renew it. At that time you need to show that you stayed for 2 years in Canada and when you cant show you lose the
    PR and cannot renew the PR card.



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  • Alabaman
    10-08 11:34 AM
    I am sure you don't even have to be in the US to trade in US stocks. There are people that have never been to the US that participate actively in US stocks and just as Americans participate in some foreign markets too.

    In the final analysis, most restrictions on H1B workers are stupid.





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  • gc28262
    05-04 10:21 AM
    Hi,
    My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
    I want to know for how long I can work from India on H1 being on US payrole? The

    I assume you haven't filed your I 1485 yet.

    Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)

    When you are in India, you can apply for an H1B and get a visa stamping while coming back.



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  • nousername
    04-29 08:33 PM
    Summer travel season is around the corner, and unfortunately, because of the swine flu scare, each and every person entering India from USA (and some other countries) will have to go through a medical screening (http://timesofindia.indiatimes.com/India/American--European-visitors-to-be-screened-for-swine-flu/articleshow/4457075.cms) at the airports beginning yesterday. Some chaos is expected, particularly in busy terminals such as Delhi and Mumbai, given that "Airport authorities said they are still in the dark and are yet to gear up for these checks". So, it may be a good idea if those of you, who have just returned from India, share your experiences with this procedure; for example, the likelihood of facing stricter screening (or even a brief quarantine) if someone sneezes/coughs for any reason, or the "fitness certificate" forms that airlines are supposed to hand over to each passenger, etc.

    I personally think this is nothing but a pay back time.. Remember when Bird Flu or SARS breakout happened, how US and other countries reacted and were screening people (travelers) from East.. In a way this "might" help in containing the virus but deep down this is just stupid ego.

    You did to me so I will do the same to you..





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  • gcdreamer05
    01-21 02:17 PM
    What an irony, these guys will not let us file nor to withdraw, :mad:





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  • cygent
    07-03 07:24 PM
    I wanted to share this with all of you. This is my attorney & friends (who is American) thoughtful response to a thread below :-

    ************************************************** *********

    Donna:

    What is the source of your facts about immigrants?? Immigrants also pay A LOT into the
    system

    MOST "IMMIGRANTS" AS YOU SO LOVINGLY CALL US, ARE LAWFULLY IN
    THE UNITED STATES (BELIEVE IT OR NOT!!!) AND THEY ALL WORK A LOT
    HARDER THAN MANY AMERICANS ARE WILLING TO WORK!!!!

    MANY MANY THOUSANDS OF DOLLARS ARE PAID INTO THE SYSTEM BY
    THEM EACH YEAR. THOSE HERE ILLEGALLY NEVER HAD, AND NEVER WILL
    HAVE THE RIGHT, TO GET ANY OF THE MONEY BADK - EVEN WHEN THEY
    HAVE REFUNDS DUE THEM. THE IRS JUST K E E P S IT F O R E V E R AND
    IT, HOPEFULLY, GOES TO AMERICANS WHO ARE NOT IMMIGRANTS!!!

    GREEN CARD HOLDERS (ALSO "IMMIGRANTS") HAVE WORKED HARDER THAN
    AMERICANS DO - AS I MENTIONED AND THEY ARE CLEARLY ENTITLED TO GET
    THE BENEFITS THEY HAVE EARNED.

    DO YOU FOR ONE MOMENT THINK THAT THE SSA WILL GIVE THE ILLEGAL
    IMMIGRANT ANY SOCIAL SECURITY?!!????

    NEVER HAPPEN - NEVER HAS HAPPENED!!!! IF THEY FALSIFY INFO TO ANY
    GOVERNMENT AGENCY - THEY WILL NECESSARILY GET CAUGHT GO STRAIGHT
    TO FEDERAL PRISON FOR AT LEAST 2 YEARS AND THEN GET DEPORED. THIS HAS
    BEEN THE LAW FOR DECADES AND IT IS ENFORCED!!!!

    EVEN THE LEGAL IMMIGRANTS HAVE TO BE CAREFUL ABOUT GETTING THE
    SSA THAT IS DUE THEM. THEY GET CHEATED BY THE SSA EVEN MORE THAN
    US CITIZENS DO IN THE NORMAL COURSE OF SSA DAILY STEALING OPERATIONS
    - IF THEY LEAVE THE COUNTRY FOR TOO LONG (FOR EXAMPLE IF A PARENT GETS
    SICK AND THEY HAVE TO GO AND TAKE CARE) THEY JUST L O O S E ALL
    THEIR BENEFITS PERMANENTLY - EVEN THOUGH THEY MAY HAVE BEEN BEEN
    HERE AND WORKED FOR MORE YEARS THAN MOST AMERICANS DO. THIS
    KIND OF DISCRIMINATORY CONDUCT BY GOVERNMENT AGAINST LAWEUL
    PERMANENT RESIDENTS HAVE CONSISTENTLY BEEN HELD TO BE CONSTITUTIONAL
    BY THE SUPREME COURT EVEN EVEN THOUGH IT IS CLEARLY UNFAIR. THESE
    BENEFITS CAN BE REFUSED VERY EASILY FOR THE LEGAL RESIDENTS WHO
    WORKED HAS DOUBLE AND TRIPLE JOBS FOR FIFTY OR MORE YEARS.

    WHO BENEFITS FROM THIS? YOU GIVE THE ANSWER!!!

    LIGHTEN UP AND LEARN THE REAL FACTS.

    ALL IMMIGRANTS ARE NOT ILLEGAL. IN FACT, MOST IMMIGRANTS ARE
    LEGAL AND WORK THREE AND FOUR JOBS - DO YOU WANT TO WORK SO
    HARD?? HE..- NO!!!!!

    PASS THIS ON TO ALL THE PEOPLE YOU KNOW SO THAT THEY CAN BE
    EDUCATED ABOUT ANOTHER MORE FACTUAL ASPECT OF THE MATTER.

    THANK YOU, DONNA.

    xoxoxo

    ----- Original Message -----
    From: Donna xoxoxo
    To: xoxoxo@yahoo.com
    Sent: 7/2/2009 5:16:27 PM
    Subject: Social Security Insult

    This is an insult and a kick in the butt to all of us...
    Get mad and pass it on - I don't know how, but maybe some good
    will come of this travesty.

    If the immigrant is over 65, they can apply for SSI and Medicaid and get
    more than a woman on Social Security, who worked from 1944 until 2004.
    She is only getting $791 per month because she was born in 1924 and
    there's a 'catch 22'.

    It is interesting that the federal government provides a single refugee
    with a monthly allowance of $1,890. Each can also obtain an
    additional $580 in social assistance, for a total of $2,470 a month.

    This compares to a single pensioner, who after contributing to
    the growth and development of America for 40 to 50 years, can only
    receive a monthly maximum of $1,012 in old age pension and
    Guaranteed Income Supplement.

    Maybe our pensioners should apply as refugees!

    Consider sending this to all your American friends, so we can all be
    ticked off and maybe get the refugees cut back to $1,012 and the
    pensioners up to $2,470. Then we can enjoy some of the money we were
    forced to submit to the Government over the last 40 or 50 or 60 years.

    Please forward to every American to expose what our elected politicians
    have been doing over the past 11 years - to the over-taxed American.

    SEND THIS TO EVERY AMERICAN TAXPAYER YOU KNOW





    clif
    03-01 01:44 PM
    Friends,

    I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.

    Thanks.





    RRG
    07-11 05:46 PM
    Now that we have the people aware through Flowers, we can go for the big kill.
    Advertize in Newspapers in D.C., State capitals or National newspapers
    We can contribute ti IV and IV can advertize.
    Half page ad with facts, events and Rep. Lofgren letter.
    Nothing works better than mass media awareness
    What do you think IV?



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