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  • martinvisalaw
    09-09 10:02 PM
    CIS cannot approve a change of status to H-1B since you are not maintaining status. You will likely be approved as a notify and need to leave the US, get a H-1B visa, and then re-enter in H-1B status. It is critical that you don't overstay your I-94 by 180 days. If you do, you are subject to a 3 year bar on returning to the US.

    You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.

    I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.




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  • ChainReaction
    03-28 06:00 AM
    This is a very good point ,if illegal under guest worker program can pursue a path to a citizenship after 6yrs provided that they can show they have paid taxes, learn English and pass background check...Why can't we ask the same for us, we have entered US legally without breaking any law, are paying taxes and are highly educated let aside learn English. And the senators have agreed about getting in line or behind the line (First in first out) approach for getting Citizenship, we are just asking for GC ;) ?




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  • Leo07
    02-13 03:12 PM
    There is no rule/law that'll help you get a green card if you stay here for 10 years or even 50 years.

    People are not trying to be rude, just a little confused with your innocence.
    Honestly, some of us are waiting legally for more than 12 years for the green card. So, given our situation, your question tickled us.




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  • drsnh123
    06-19 11:55 PM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
    Reply With Quote



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  • swethanjit
    08-25 08:37 PM
    Hello Members,

    Can someone please clarify my doubt below:
    If I have an approved H1B starting Oct 1st 2008, will I be able to cancel it to be able to continue on my OPT (valid till June 2009) and get a 17 month extension from June 2009?

    Thanks in Advance.
    Swetha.




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  • cache22
    07-18 11:30 PM
    Hi,
    Get yourself a good lawyer. As far as I know Up to 180 days of out of status can be managed. As your case is in removal proceedings, it may further complicate your situation.
    Even if you get an Advance Parole, do not use it. Your reentry will have issue. You may send a private message.

    All the best !!!




    Thanks for great services..

    My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

    will court close my removal proceedings based on PD current..

    i will really really apprecate your help.



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  • zCool
    04-02 11:39 AM
    Paystub is really required document in tax law.
    These are normally state subject and are guided and monitored by state labor law departments.
    Employers don't have a choice of deciding their own period of giving you paystubs.
    So if you choose to keep working for illegal employment under illegal condition that's your problem but you can always choose to get labor lawyer involved or just send your employer link similar to one below for your state law and ask him gently "I don't doubt your intention but from what I read this is illegal and I don't want to be part of anything illegal so at least for me please send paystubs every pay-period"

    http://www.laboremploymentlawblog.com/payroll-strict-compliance-with-californias-pay-stub-law-is-essential.html

    If you don't get any response, 2 options:
    1. Stop doing direct deposit. Ask him for a check every payperiod. that's always your choice.
    2. try to transfer, and when the RFE comes , send the sent email notarized copy and affidavite and bank statements as proof of payment and delay in pay-stubs. Even if your transfer gets denied you will be okay coz you are working currently, if it gets approved, you are home free from the shackles of this slave-master.

    Put his name on the boards annonymously..




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  • h1techSlave
    01-05 05:37 PM
    Yeah, I agree with you there that the actual number of successful porting may be miniscule. Plus it takes a lot of time to complete all the steps to successfully get the coveted EB2 status. And even when an EB3 person gets the EB2 status, USCIS/DOS may not release the EB3 visa originally allocated to him or they may release it after a year or so.

    End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.

    i woudl think the actual number porting is miniscule...

    but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
    Even an annual release would be very helpful...:confused:



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  • retropain
    08-24 07:32 PM
    desi companies that operate like this are in deep s**t




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  • babydiams
    04-18 06:09 AM
    Hello,

    I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
    in which class real estate agent falls into, EB1, EB2, EB3 or EB4???

    Thank You for your time.



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  • kaybeedee
    11-05 11:18 AM
    Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec




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  • fatjoe
    09-24 10:11 AM
    My 485 app was received on July 18 at NSC, no checks cashed yet. EAD/ AP recieved on Aug 10 at NSC, got RN for EAD and AP. Is there a possibility of getting EAD card, even if 485 was not filed? One of my freinds was under the same situation, and she and her spouse got the EAD from TSC, without 485 filing.



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  • wellwisher02
    04-02 11:37 AM
    I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.

    I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?

    I have heard the real issue is when an employee transfers H1B from 'A' company to 'B' company after being been on 'bench' for a couple of months or more, where no salary was paid to the employee. One of my H1B friends, who was laid off, took to a motel job on cash basis to surive, lost his drive for H1B job for a few months while working at the motel, and then tried later to get back to H1B IT job. Alas, he couldn't transfer his H1B since he didn't have valid salary slips. This happened in 2002. He had to go back to India just before his current H1B visa expired.




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  • delhirocks
    07-26 10:39 AM
    Ha...

    Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.



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  • Jeffphoto
    September 7th, 2006, 08:58 AM
    Thanks to everyone for the advice. Here's my situation:

    Yes, Mats, it jiggles when I adjust the camera. Bracketing should help some, but my understanding of the HDR process is that you want to get a range of exposures from almost black to totally blown out. My camera will bracket through three exposures, one stop on each side of the setting. That doesn't typically get the span that is recommended for the HDR thing in Photoshop CS2, so I'm still looking at touching and adjusting the camera.

    The camera is really just a point and shoot, a Minolta Z3. There are no available shutter release cables, remote controls, or other accessories for remote operation of it. However, my next camera....! ;)

    Lastly, the tripod is a $30 wal-mart model. It isn't really so wobbly in the legs, but the main mast of it, where I mount the camera, rotates freely through about a 3 - 4 degree range horizontally. This is due to play in the cheap, plastic parts on it. My short term work around for that is probably to jam juicy fruit gum into the gaps or something.

    All of this equipment that I bought was for me to learn the basics on, and I am doing a lot of learning these days. So, there again, my next tripod.... ;)




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  • pappu
    07-28 11:29 AM
    Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.

    Let us see next month when EB2I will start getting lot of approvals. How many IV members contribute once they get GCs.



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  • sweet_jungle
    12-04 04:56 PM
    Next year in July when we will become current, it will again become a game of probability. Because of the 2 specific issues I mentioned, we will have a slightly lower probability of our cases getting picked up. So, I am trying to be pro-active to address these specific issues. The issues definitely need to be fixed as these are glaring glitches in the USCIS file transfer system. I am thinking that we can draft a letter and all affected people can write to Ombudsman. Let me know what everybody thinks

    I fail to see why these cases you are referring to are any worse off than many others.

    I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.

    I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.

    We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.




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  • chandrajp
    08-08 10:42 AM
    Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
    can you guys tell usually what kind of information is requested in EB3 cases.
    I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
    What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice




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  • meridiani.planum
    08-19 12:26 AM
    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

    Raj

    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007

    what do you want? President Bush to come home and welcome you with hugs and kisses? A ticker tape parade? A band? 45 skimpily clad, extremely beautiful cheerleaders dancing and singing: "he got a G, he got a C, he got a GC!"?

    you got an approval notice, you are through. enjoy man. :cool:




    stemcell
    07-14 01:43 PM
    Paskal/Pappu

    Please update us if only the conrad 30 J1 waiver is being extended or if the conrad 30 improvement act is being suggested here?




    getgreened2010
    11-21 10:26 PM
    Guys I have a question.....do you only require transit visa while coming back to US through London from India (because you don't have a valid visa stamped on your passport). If you are traveling from US to India via London transit visa is not required as AP holders from India have a valid visa (Indian Passport in this case) for their destination country.

    Because my flight from US to India is through London but while coming back I am flying through Qatar. I am on Advance Parole please let me know.



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