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  • snathan
    04-12 07:17 PM
    Hi,
    Last year i.e 2008, I had applied for H1 from 2 diff. employers. One (XYZ) got picked in lottery and the other(ABC) didn't. I had paid nothing but a post-dated cheque to XYZ; but had paid $1800 to ABC with no evidence with me at the moment. Now when i ask for my money back from ABC because i didn't get H1 from him anyways, he says he has borne some expenses on my application and there were some queries from USCIS related to my application. What he says is as below:

    "My company ABC have highlighted that there were some concerns with from the USCIS on your application, as the USCIS had clearly told all petitioners to only file one single H1 application last and there should be no 2 applications for the same candidate. In your case you did file 2 independent H1 applications. The attorney was penalized."


    And he puts the below figure his company has borne towards expenses for my H1 application:
    1)Education evaluation: $125
    2)Attorney fees: $1000


    My question is:

    1) Is attorney fees really $1000 or it is much less than what he claims it to be?
    2) Can't i apply & hold more than 1 valid petition? I know i cannot have valid VISA on more than 1 petition, but having multiple valid petitions is "No problem" is what i feel.

    How can I proceed in this matter? Plz advice.

    Thanks
    raj131982

    Just respond to the above email, you are filing complaint with DOL, USCIS for collecting money from the employe. If you are getting back your money witin XX days, he needs to face the DOL audit. So he needs to decide which one to chose.

    and see his reaction for that. Record all the conversation and email between you.

    Thanks




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  • psadhale
    08-04 10:12 AM
    I have the same problem. I have submitted EAD renewal form online on 07/01/08 for myself & my wife. We received the payment receipt but never received FP notice. My EAD is expiring on Sept 20.

    Does anyone know how to tackle this?

    I called USCIS twice but their answers are laways vague. They asked me to wait additional 45 days & also told me I can't work if I don't get the new card.




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  • chandler_vt
    04-30 08:17 AM
    Where did you get this info? Could you please point out a reference that says so?

    You have to think about it in these terms.

    1) Say you show the experience. Then it means you were working in US while being on h4. It doesn't matter if you received salary here or not. Like say if some VP of infosys comes to US for a meeting, he is getting his salary in India. But he is here on proper visa to do his work.

    2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.

    Someone mentioned a British citizen gets paid in pounds while she works in Cali. See my example of Infosys VP. Its important to know which visa she has. I m sure she won't be on H4.




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  • needhelp!
    10-10 05:41 PM
    time to move on...



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  • sreenivas11
    07-02 10:31 AM
    UPDATE ON JULY VISA AVAILABILITY

    The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:

    Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation

    have been made available. Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.

    Department of State Publication 9514




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  • modvik
    05-24 11:41 PM
    Sent



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  • luncheSpecials
    03-14 09:57 AM
    let them work .. now EB2 is current.. we all will get GC slowly




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  • nlssubbu
    10-05 04:13 PM
    Just to add My I 140 approved from the first company.

    You have two options in this situation.

    1. File an amendment to the approved I-140 based on Merger / Acquisition
    2. Once you got EAD, invoke AC 21 and can continue with your employer.

    I was in your similar situation when my division is acquired and my attorney filed an I-140 amendment, as I do not want to use EAD. [H1 / H4 is duel intent and we can be still protected even if I-485 is denied! When we are not switching companies why to loose this advantage?]

    Thanks



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  • logiclife
    05-14 04:37 PM
    Guys,

    The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.

    IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.

    No one is scaling back. I dont really think there is any conspiracy to this and I think this is really good news.

    However the core group is still committed to getting retrogression issue addressed by congress. In fact, I am right now in DC and I am attending a briefing event tommorow. Aman was here last week thurs and Friday and will be here again next week. We are continuing efforts regardless of this big jump because we know that dates can move in reverse direction as it has in the past. In Oct 2005, EB3 dates took a huge movement backwards into 1998 and such reverse movements can happen again this year in October or in last quarter of fiscal year 2007. So we are taking this with cautious optimism and continuing our work with this.




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  • boldm28
    05-19 11:35 AM
    According to murthy, several of these cases were tied to companies that are under fraud investigations

    MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)

    this company is def not under fraud investigations .. this company has operations in asiapac/ europe/Canada .. and is among the top level companies like info and hcl ..

    believe me those ICE officers would grind u down in a minute .. put yourself in the victims shoes .. and i am sure they(CBP) said ok you dont want to sign this document .. lets take you guys to the holding cell and u can wait for your turn ( whenever that comes) in front of the judge .. that can take 90 days .. nobody wants to go that route



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  • msgoud
    03-08 12:15 PM
    last year his client was in arizona and this year his clieNt is in NJ
    looks like the client letter got VO confused thinking him working directly rather than his consulting company.because that what the VO was saying to him.




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  • Aah_GC
    10-24 09:29 AM
    Dear Friends - I have a question and would appreciate your thoughts.

    My father visited us for 6 months and I have a copy of his visa and passport notarized. What are the rest of the formalities (W7 form et al) that I should complete so I get some exemption? Or have my assumptions been wrong?



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  • franklin
    07-10 12:10 AM
    May the government discriminate against non-citizens in matters not related to their admissions to the United States?
    Among the most important sources of legal protection against governmental discrimination or abuse are the Fifth and Fourteenth Amendments to the Constitution. They provide that no person shall be deprived of life, liberty or property without due process of law and that no person shall be deprived of the equal protection of the laws. Thus, the right to due process, equal protection and the other fundamental rights that are encompassed by these principles apply to all persons in the United States, including non-citizens.

    Which law would we be breaking by sending flowers?




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  • bestia
    11-10 03:56 PM
    I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.

    Of course it is. But several steps could be helpful. After getting an offer, meet your future coworkers, ask around, find somebody on H1b, talk to that person. See to what degree the top management is aware of H1b program. My CEO had no much idea about H1b, I considered this as a good sign.



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  • Phogs
    06-23 10:00 PM
    You can go to Mexico (Methamoras OR Tijuana) to get visa stamp, then go to india. It's very quick and easy to get an appointment. i did it on last october and then went to india within month and came back in Jan 2008.

    DID THE SAME THING! WENT TO TIJUANA, MEXICO FOR STAMPING. T'WAS PRETTY QUICK AND EASY. MAKE SURE ALL DOCUMENTS ARE LEGAL THOUGH... ANYBODY GOING TO TIJUANA? MAKE SURE TO VISIT PLAZA DE LOS HEROS..CHEAP CORONA BEER THERE, JUST A BUCK A PIECE, WHICH I INDULGE AFTER GETTING MY VISA STAMPED... :D

    CAUTION: MAKE SURE THAT UR SOBER AT POE!!! :D




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  • xu1
    08-03 08:22 AM
    The first thing to consider is the job requirement. It must require a minimum of a master's degree or a Bachelor degree plus 5 years progressive experience. If the job description has that requirement, and you have the required background, then it can be filed as EB2. In your case the job description states a minimum of a bachelor's degree and 3 or 4 years experience. This would only qualify as EB3, regarless of your credentials.
    I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.

    On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!



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  • ivar
    04-16 02:03 PM
    Yes, I saw that you are applying for the third time, I saw in another post your 140 got approved too earlier. May I ask what screwed it up for you couple of times? You can IM me if you don't want to discuss here, just want to get some idea not complete details.

    Good luck!!

    I sent you a PM.

    Thanks.




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  • roseball
    01-18 01:34 PM
    If "if you re-enter US before your extension is valid" is not the case then following is my experience.

    Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.

    You are right, I stand corrected. I was referring to the scenario when trying to re-enter on the current VISA stamp without getting a new VISA stamp and expecting to get an I-94 till the validity of the approved extension.




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  • sobers
    06-16 10:03 PM
    The only reason why the House hasn't given in on CIRA is because of the incessant pressure of restrictionists such as NUmbersUSA activists. Look at how active they are. Granted one has to be a Citizen to vote, but the first amendment gives us ALL the right to free speech and express ourselves. That is why IV is legal, and that is why the least we can do is a webfax campaign regarding Skilled Immigration (SKIL bill) AND show up at local meetings with Congressman.

    Believe me, if we don't speak up, no one is going to do it for us. People like me with 02 priority dates are going to wait atleast two more years, folks who filed in 05 may get to wait 5+ years for their GC. This is the way things look currently.

    The Illegals like the Chamber of Commerce, the big lobby Ag, Hotel/Travel, Construction, Meat-Packing, Industries, the Catholic Church and big ethic lobbies like MALDEF, La Raza, besides millions of hispanic votes.

    The other side also has the power of millions of votes and a LOUD VOICE.

    We have nothing compared to them. You can see we are small fish...that is why we need to do all we can to make ourselves heard.

    =========
    From: Roy Beck <ImmigrationInfo@numbersusa.com> Add to Address Book
    Date: 2006/06/09 Fri PM 02:15:30 EDT
    Subject: Time to turn up the heat on Congress

    .t1generaltext { font-family: Verdana, Arial, Helvetica, sans-serif; font-size: 12px; color: #000000; padding-top: 3px; padding-right: 5px; padding-bottom: 3px; padding-left: 5px; margin: 0px; } >
    From: Roy Beck, President, NumbersUSA
    Date: Friday 9JUN06 9:30 a.m. EDT


    Please take some actions today .... and prepare for many more actions next week

    DEAR SUPPORTERS OF LOWER OVERALL IMMIGRATION,

    Thanks to all of you who -- in the two weeks since the Senate voted for a massive immigration increase and amnesty -- have been regularly checking your Action Buffet for new actions and who have been responding to the several Fax Alerts that we have sent you.

    Now, it is time to really start turning up the heat again.

    I'm asking each one of you to do at least one of the following TODAY.

    Members of Congress are feeling great pressure from our side, but we must really escalate that pressure if we are to totally block all the immigration increases in the Senate bill. Thus far, the Republican majority in the House of Representatives has stood firm against the national Republican Party leaders and President Bush. We have a lot of hope that the House can hold the line against the amnesty/open borders plan of President Bush, the Republican National Committee and nearly all Senate Democrats. BUT IT WILL HAPPEN ONLY IF ALL OF YOU DO WHAT YOU DID IN APRIL AND MAY.

    There are a lot more of YOU than there used to be.

    Last Saturday, our Activist Membership crossed the 200,000 mark! That means we have almost 100,000 more of you working together in this cause than we had last December when we pressured for toughening amendments to the House-passed H.R. 4437.

    Action No. 1: Send all the faxes that have accumulated on your Action Buffet corkboard.

    We can tell from the number of faxes that have been ordered over the last two weeks that many of you have taken a much-deserved break from activism and not been sending the new faxes we have posted on your customized corkboard.

    Please go now to:

    www.NumbersUSA.com/actionbuffet

    Action No. 2: Tell us when and where your Senators and Representative are holding town hall meetings

    You should see a thumb-tacked note on your corkboard asking for this information. When you click on the note, you will go to a page that will give you good instructions for how to track down this information.

    There is no central place to find out when and where Members of Congress expose themselves to the voters. In fact, they try to keep it as secret as possible because they don't really want to have to hear directly from you.

    That is why the town hall meeting part of our Action Buffet is so very important.

    NumbersUSA doesn't have the staff to dig out potential meetings of all 535 Members of Congress. We MUST rely on you to send us that info on your own Members so we can share with everybody else from your state and District.

    Click on corkboard note to send us town hall meeting information

    Action No. 3: Attend any meeting or event where your Senators or Representative are expected to appear

    Nothing you do will be as powerful as attending in person one of the events where your Members of Congress appears, and then asking a question or making a statement about immigration -- or even holding up a sign giving your view on immigration -- or applauding another voter who expresses your opinion on immigration.

    You all have become great faxers and phoners. But we must have many, many more of you personally confronting the Members of Congress -- especially the ones who have Immigration Grades ranging from F-minus to B.

    See your Members' immigration grades at:

    www.CongressGrades.org

    If you see a thumb-tacked note on your corkboard that announces a meeting of one of your Members of Congress, PLEASE LOOK AT IT -- and make plans to attend.

    Get some friends to go with you to ensure that you will have a cheering section.

    And be sure to use the feedback devices on our page that allow you to easily let us know you are planning to attend and to give us a report when you return.

    Action No. 4: Call some friends or let us know that you plan to visit the local office of your Representative or one of your Senators next week

    These Members of Congress must have voters in their local offices putting the pressure on their staffs to block the Senate amnesty and immigration increases.

    If you are interested in doing this but don't want to go alone, send us an email through our Help Desk form and we will put you in touch with other people in your area who are trying to make a trip.

    PLEASE NOTE: We have a new way of your communicating to us in which you cannot just hit REPLY to our Alerts anymore.

    We are not trying to make things difficult for you. But with 200,000 members, our staff simply has not been able to keep up with your emails. We have hired two interns for the summer to help Jon and Jeremy. But we also must create a better system of categories if we are to provide the level of service we once did.

    So, you should always communicate with us by:

    (a) clicking on the CONTACT US link in the navigation bar at the top of our web pages. That takes you to the HELP FORM link.

    (b) or putting this address in your directory and regularly using it:

    www.numbersusa.com/helpform

    On the Help Form page, you choose the category in which you are writing and send us an email that way.

    Thousands of people have already started using this form in the last month, and it is accelerating our ability to respond.

    ======================================

    Thanks for jumping into this TODAY before you move into your weekend family and recreation activities.

    Then, please, plan to do something Monday and during the rest of the week.

    We will be sending you additional guidance on how best to stop the amnesty -- or at least keep it from passing this month. The longer we can delay this, the better our chances are of winning.

    Thank you,

    -- ROY




    diptam
    08-13 11:28 AM
    What makes you think in this Direction ?

    looks like they will make us wait till 17th and accept/reject case from July 2nd...and most of the rejected cases might not be eligible to refile :mad:...this is my guess!




    Nw2GC
    05-07 08:32 PM
    I will be submitting my paper work soon!



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