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  • GotGC??
    06-08 12:06 AM
    Isn't it a sad irony that we are now celebrating the demise of the much anticipated CIR...which was supposed to have solved all our issues...

    Any idea what's in store for the future...


    You mean rust in peace !!!!!!!:D :D :D




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  • kshitijnt
    06-28 05:57 PM
    I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.

    Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?

    Sorry to be a pain.
    I am just trying to understand this properly.
    I do not intend trouble.
    Any replies that you guys are giving is very much appreciated.

    Hi - I was in a similar situation as you:
    In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.

    In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.

    No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.




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  • qualified_trash
    06-29 03:13 PM
    Without getting into specifics of shady companies etc., I can tell you this. The GC process sponsored by an employer is indeed employ-centric in the sense that, it has to be initiated by an employer.

    As long as they provide you with the necessary paperwork to enable you to travel (such as h1 or advance parole specific documentation), I see no issue with them not giving you this documentation.

    I completely agree with you that it feels a lot better when you have a copy to look at.

    However, if they do not give it out as a matter of policy, but, make sure that you have everything you need in case you want to travel, you should be okay.




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  • krishna.ahd
    02-05 01:34 PM
    There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
    Usually there is shortage of medical professional in PA especially OBG, Ortho etc, due to high mal practice insurance, so they all looking for interns and willing to do H1b and GC



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  • kaisersose
    07-27 02:37 PM
    Hi All,
    Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.

    Thanks.

    You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.

    You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.




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  • Phaedra
    05-30 11:28 PM
    Thanks a lot, Raysaikat.
    I appreciate the response.Here are a few of my immidiate thoughts....

    1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
    This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.

    2)How does USCIS actually track who is employed and who is not?

    3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?

    4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?

    Any thoughts/opinions wouldbe most appreciated.
    Thanks!



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  • shivaniraina
    07-21 02:20 PM
    You are exempt from the cap:) . Your immigration lawyer can confirm this.

    I was on HIB till 2005. I quit my job sometime last year as I was pregnant and we moved to another city. I went back to a new job/new company/new HIB early this year even though quota was exhausted. However, i had no problem is getting the approval as people holding HIB previously in 6 years do not count under quota. The only difference is that you will have to wait for the approval before you join new job unlike visa transfer. I had consulted several lawyers before i decided to quit my job.




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  • leenakamat
    08-15 02:15 PM
    You can file a DOL complaint, which could spell serious consequences for the employer. You could also file a wage claim with your state's employment development department to recover the wages you were owed.



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  • gapala
    07-10 03:15 PM
    Hi Dhundhun,

    Thanks for your response.
    to your question:

    .. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.

    VenuK: I wish its that simple... On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
    In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.

    advices are always appreciated

    Pls let me know...

    With Thanks,
    Venu

    What is the result of appeal?
    Based on the information provided on above post , I believe X is paying you in view of pending appeal.

    Note that there is a risk in going to other countries for stamping due to PIMS related delay. You can search for thread from people who were stuck in Canada for few months but they were Canada landers and stay in canada wasn't an issue for them.

    Its safe to go to your home country and get it stamped there. You are atleast safe to stay as long as PIMS takes to validate.




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  • InTheMoment
    02-05 06:53 PM
    Good, the doc is moving along well to the observership which is a way to build brownie points in one's resume when applying for the residency match. It is a different issue, nevertheless, that several good hospitals do not bother to consider observership as a significant credential when assessing candidates for residency.

    As such it is a non-clinical and non-payroll position and he/she might as well can do it on B2 (visitor). So there are no visa issues as such.

    Well, my wife is doing her residency in a hospital affiliated to one of the top 2 univ programs in the US and hence the knowledge of these facts. I really emphatize with the double whammy type challenges docs have to face i.e professionally as well as with immigration/J-1/H-1 issues.



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  • wandmaker
    10-29 08:42 AM
    Your kid is eligible to apply for SSN and you can apply because SSN not only meant for work, it is also for tax purposes. FYI - If you are residing in California or Chicago, No restrictive text will be printed on SSN card. Hope this helps!




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  • Saralayar
    06-02 12:25 PM
    I too got RFE on my I-485 but its about Birth Certificate requesting non availability and my 10th and 10+2 mark list. Got the same RFE to my spouse too.

    I am with the same employer.

    Have they asked for 10th and Highschool certificates?. This is the first time I am hearing on a RFE.



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  • satishku_2000
    06-08 01:01 AM
    well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.

    So I say: CIR, RUST in PEACE.

    rimzhim , Totally agree with ya ...




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  • thamizhan
    07-18 10:49 AM
    http://newspostindia.com/report-7892



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  • mohitb272
    12-11 02:41 PM
    hi mohit, my case is just the opposite, i joined as a Senior programmer, and my LC is filed as senior programmer and now I want to take up a job as a Business Analyst, not sure whether I can do it. See my case details in the signature. Thanks.

    Hi there

    I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.

    Are there any other ways to make this possible?




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  • us_employee
    02-09 05:39 PM
    I had similar issue and went upto the local Deferred Inspection Office but couldn't get it done there. So I travelled upto Mexico border, didn't even have to enter into Mexico. I went upto the office and the officer had an idea about my situation and issued new I-94. I found (while searching through posts on other threads) that some DI offices do realize about this problem and they issue I-94 within U.S.

    I'd say try at one of your DI offices if not you can travel upto the border. Call the border to make sure if they do issue I-94 for such cases.



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  • naidu
    04-04 12:43 PM
    Looks like some got email whose PD is after Feb 2008. Good for people like me.




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  • MSCapBust
    07-25 09:54 PM
    Thanks you all for replying.

    I have 2 clarifications:

    1. Am I allowed to begin work only on 1st Oct 2006?
    If I'm exempt from the cap, does that mean I can begin work anytime or am I subject to the yearly schedules dates like everyone else? I keep hearing both versions. Please do clarify.

    2. I did NOT get my H1-B stamped on my passport (back in 2002).
    Since I was quitting and going back to school, I didn�t bother to get it done and got a new F-1 instead. I do however; have my H1-B approval document. Does this affect anything with regards to the cap? In other words, am I exempt only if I get a H1-B stamping?

    I do apologize for asking quite so many times, but I really do want to make sure before I let the cap be reached.
    Thanks very much once again.
    Slightly more relieved.




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  • alkg
    10-09 07:09 PM
    I filed I485/EAD/AP on 2nd July but no result till date.I Called USCIS Today also and my information is still not in their database.

    It is really frustrating ..........................
    :(:mad:




    stemcell
    06-25 02:40 PM
    why dont y'all come to Atlanta. have lunch at Sarvana bhavan and do some grocery shopping too....we could club that with a GA chapter meeting

    hey yabadaba

    I am coming to atlanta on july 3.
    Obviously patel brothers will be a pit stop so if u wanna meet at sarvana bhavan i am game...let me know.




    javadeveloper
    08-25 06:12 AM
    Is it true that if we apply for candadian PR we can't apply for visitors visa to cananda.

    I want to apply for PR to canada and also would like to go for stamping to cananda sometime after 4-5 months.

    Thanks in advance...

    Discussions are here http://immigrationvoice.org/forum/showthread.php?t=738 . Good Luck



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