snram4
01-18 02:48 PM
Useful info from Murthy.com
If anyone faces similar situation they should try to withdraw to avoid 5 year ban
The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India (or other home countries), and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of "employer" and "employee" particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.
�MurthyDotCom
We will need to review the events and the USCIS's evolving definitions of relevant laws to determine short, intermediate, as well as long-term lawful solutions to deal with this issue. If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States. If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one's own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.
�MurthyDotCom
We at the Murthy Law Firm will continue to share useful information that we believe will help you to plan your travel or when you change H1B employers.
Things are getting worse in 2010... I hoped it would get better...
If anyone faces similar situation they should try to withdraw to avoid 5 year ban
The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India (or other home countries), and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of "employer" and "employee" particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.
�MurthyDotCom
We will need to review the events and the USCIS's evolving definitions of relevant laws to determine short, intermediate, as well as long-term lawful solutions to deal with this issue. If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States. If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one's own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.
�MurthyDotCom
We at the Murthy Law Firm will continue to share useful information that we believe will help you to plan your travel or when you change H1B employers.
Things are getting worse in 2010... I hoped it would get better...
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loudobbs
10-04 09:42 AM
My Case is similar to yours.. I called USCIS yesterday and the IO checked and said something about my photo missing when she looked online... She then put me on hold and came back after a couple of minutes and said that photo need not show up (or not required) for AP. she asked me to call up after 2 weeks if I dont get it.
My guess is something's messed up. I am planning to call back on monday if I don't get it by that time.
:(:(:(:(
My AP online status says mailed on Sep 11 th. I have not received them yet.
My wife AP online status said Sep 11 th. We received them on Sep 21 st.
My guess is something's messed up. I am planning to call back on monday if I don't get it by that time.
:(:(:(:(
My AP online status says mailed on Sep 11 th. I have not received them yet.
My wife AP online status said Sep 11 th. We received them on Sep 21 st.
Joe Cantrell
November 10th, 2004, 10:56 AM
I bought a D70 October 29th, and have terrible back focus problems. I've been a photographer since 1959, used Nikons since Vietnam in 1968, and know what I'm doing.
To test whether the back focus might be my fault somehow, I have had several friends use the camera without telling them what I was testing. All had awful back focus; not one low light, wide aperture image is anywhere near acceptable.
Clearly, this is a systemic problem with the D70. I had similarly disabling problems with my first two FEs when I bought them in about 1978; apparently Nikon still tests its products on its first year's customers. Back then, it caused me to change to Canons until I bought an N90s and came back to Nikon.
I might do the same thing again. It is very sad; I like my Nikons and we've seen a lot together, but this is the way a company drives its loyal customers away.
To test whether the back focus might be my fault somehow, I have had several friends use the camera without telling them what I was testing. All had awful back focus; not one low light, wide aperture image is anywhere near acceptable.
Clearly, this is a systemic problem with the D70. I had similarly disabling problems with my first two FEs when I bought them in about 1978; apparently Nikon still tests its products on its first year's customers. Back then, it caused me to change to Canons until I bought an N90s and came back to Nikon.
I might do the same thing again. It is very sad; I like my Nikons and we've seen a lot together, but this is the way a company drives its loyal customers away.
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mzdial
June 13th, 2004, 09:00 PM
D70 just shipped in the last couple of months. I'm doubting you will see an offering in that same price range from Nikon for another 12-18 months. Perhaps they will update the D100, but who knows.
-- Matt
-- Matt
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Munshi75
08-13 10:47 PM
let us take an initiative and plan on meeting in the coming weeks before the end of this month and will make a push for the some of the pending bills. I am willing to travel to DC.
Any ideas or thoughts (does not matter EB3 or EB2)
Any ideas or thoughts (does not matter EB3 or EB2)
sunnymit
07-12 03:47 PM
Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)
more...
kpchal2
04-02 01:51 AM
hi any suggestions for the question coophole put up. even i moved out of state and waiting to receive the rfe document. if they suggest that we go to the same civil surgeon is that a mandatory event. i think vin13 went to a different civil surgeon. so i guess we can go to a different civil surgeon. gurus please advice.
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mirchiseth
06-04 11:05 AM
Called USCIS and they are asking me to take an Infopass appointment.
Update1: Infopass appointment was not useful. They asked us to wait for the notification from MSC.
Update1: Infopass appointment was not useful. They asked us to wait for the notification from MSC.
more...
monkeyman
10-17 09:51 AM
Is there a pattern for RFEs? Why some on gets an RFE for AP?
Good question - based on what I am reading on this forum, it seems to me like the RFE is requested for people who travel a lot in and out of the country. My wife has traveled a lot of times - I even lost track in the last 5 years - and she did tell me that they did not take her I-94. It would be still attached to the passport and when she enters back - if the travel time was less than 20 days, the officer discarded her new I-94 and asked her to keep the old I-94 - in some cases, he/she would just take it during entry. This happens mostly when she travels to Mexico or South America. The evidence that was being requested is the dates of travel and type of visa used to enter the country with the required documented evidence on the passport (color copy).
Good question - based on what I am reading on this forum, it seems to me like the RFE is requested for people who travel a lot in and out of the country. My wife has traveled a lot of times - I even lost track in the last 5 years - and she did tell me that they did not take her I-94. It would be still attached to the passport and when she enters back - if the travel time was less than 20 days, the officer discarded her new I-94 and asked her to keep the old I-94 - in some cases, he/she would just take it during entry. This happens mostly when she travels to Mexico or South America. The evidence that was being requested is the dates of travel and type of visa used to enter the country with the required documented evidence on the passport (color copy).
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StuckInTheMuck
07-30 02:08 PM
I read somewhere this could mean your husband may to be called for an interview at that local office. These are supposedly standard interviews, usually no hassle (for straightforward cases).
more...
GotFreedom?
08-18 08:42 PM
Sorry to hear about the denial bro. 3 yrs + PG Diploma stands no chance getting an EB2 approval regardless of your experience. It sucks bad but its the bitter truth. In my honest opinion please do not waste time and money on lawyers in continuing to pursue that case. You should be able to verify this in so many other threads discussing this topic from people's personal experiences.
Get your case started in EB3 category ASAP with right educational requirements and maintain a valid H1B!!
I feel for you man and good luck!!
Get your case started in EB3 category ASAP with right educational requirements and maintain a valid H1B!!
I feel for you man and good luck!!
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jayleno
09-19 03:42 PM
Your wife/husband/girl friend/boy friend must have already voted on the poll. Yes, this poll is that smart..no duplicates...we(dont ask who the we is) want the exact count. Apparently the exact count is very critical for watever it's intended. :)
Voters: 155. You may not vote on this poll
Voters: 155. You may not vote on this poll
more...
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eb3_nepa
06-16 10:59 AM
Hello everyone. I was following the "IV in the News" Thread and I saw something that may be the reason why the layman thinks IV is an "Indian Organization".
DISCLAIMER:
1) Now b4 everyone jumps down my throat, i want to mention that i KNOW how hard IV core and supporting members have worked to get these articles into the media and I MORE MORE than appreciate that fact.
2) I am not trying to play "seperatist" here (as in Indians v/s Non Indians).
Now for the facts. I was going through the articles one by one and I compiled a list of articles matched up with a list of names. I have posted first names only.
NBC Nightly News: Thurs March 30 -> Shiva
Philadelphia Inquirer, Apr 8, 2006 -> Nozer, Kartik, Shreyas, Srikanth
News & Observer, Apr 12, 2006 -> Sarath
Washington Post -> Aman & Shilpa
Fox News Wkend Live 1:15 EST -> Aman
Austin American Statesman front page, May 8, 2006 -> Nilesh, Ashwini, Pratik
Diversity Inc, May 13 2006 -> Aman, Jitendra
Tulsa World, May 23 2006 -> Salil
MSNBC, May 22 2006 -> Aman
World Journal News, May 27 2006 -> Chinese News article but also mentions the IV is started by Indians.
Baltimore Sun Headlines, May 30 2006 -> Raj, Bharati, Shilpa
This list includes my name as well. If we observe carefully, almost all these articles have only Indians speaking out in the media. I know that these articles come up on the spot and the media team sometimes has only a few hours to report a candidate to the reporter. Also i know that a lot of these interviews were done by the core memebers themselves on the spot.
All I am saying is that if more such articles are done in future, can we have the Non-Indian members also step up and contact the IV core/media team coz this would truly lend a "multi-cultural" look to IV. The lay-person american does not know what IV is comprised of. With them What u see is what u get. They see Indians in the media and on the news speaking out about the Immigration wait times and they think IV is an Indian organization.
This is a request to both the core team and the non-indian active IV members to please step up and co-ordinate future (such) events so that multi-cultural faces can be seen in the media as well as when we go to meet the Congressmen.
Once again, no disrespect meant to either the core/media team or to the non-indians on this forum. I hope people can see my point. (I am an Indian citizen myself). If efforts in this direction are already being taken, i apologise in advance.
One point of mention. I read the article "Valley News, May 21 2006" & I saw people of a lot of nationalities speaking out about the Green Card process. That was really good to see.
DISCLAIMER:
1) Now b4 everyone jumps down my throat, i want to mention that i KNOW how hard IV core and supporting members have worked to get these articles into the media and I MORE MORE than appreciate that fact.
2) I am not trying to play "seperatist" here (as in Indians v/s Non Indians).
Now for the facts. I was going through the articles one by one and I compiled a list of articles matched up with a list of names. I have posted first names only.
NBC Nightly News: Thurs March 30 -> Shiva
Philadelphia Inquirer, Apr 8, 2006 -> Nozer, Kartik, Shreyas, Srikanth
News & Observer, Apr 12, 2006 -> Sarath
Washington Post -> Aman & Shilpa
Fox News Wkend Live 1:15 EST -> Aman
Austin American Statesman front page, May 8, 2006 -> Nilesh, Ashwini, Pratik
Diversity Inc, May 13 2006 -> Aman, Jitendra
Tulsa World, May 23 2006 -> Salil
MSNBC, May 22 2006 -> Aman
World Journal News, May 27 2006 -> Chinese News article but also mentions the IV is started by Indians.
Baltimore Sun Headlines, May 30 2006 -> Raj, Bharati, Shilpa
This list includes my name as well. If we observe carefully, almost all these articles have only Indians speaking out in the media. I know that these articles come up on the spot and the media team sometimes has only a few hours to report a candidate to the reporter. Also i know that a lot of these interviews were done by the core memebers themselves on the spot.
All I am saying is that if more such articles are done in future, can we have the Non-Indian members also step up and contact the IV core/media team coz this would truly lend a "multi-cultural" look to IV. The lay-person american does not know what IV is comprised of. With them What u see is what u get. They see Indians in the media and on the news speaking out about the Immigration wait times and they think IV is an Indian organization.
This is a request to both the core team and the non-indian active IV members to please step up and co-ordinate future (such) events so that multi-cultural faces can be seen in the media as well as when we go to meet the Congressmen.
Once again, no disrespect meant to either the core/media team or to the non-indians on this forum. I hope people can see my point. (I am an Indian citizen myself). If efforts in this direction are already being taken, i apologise in advance.
One point of mention. I read the article "Valley News, May 21 2006" & I saw people of a lot of nationalities speaking out about the Green Card process. That was really good to see.
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Pegasus503
02-11 06:22 PM
How about, those who made incorrect predictions to pay $50 to IV?:D
There is no such thing as an incorrect prediction....it's just the time that might be inaccurate.
There is no such thing as an incorrect prediction....it's just the time that might be inaccurate.
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voldemar
03-04 07:55 AM
--
You know what, you win I loose. Keep paying for your GC out of your pocket.
7.5K and counting. :pNobody wins. I would be glad if my company pays for it. Anyway it's good for me that I got this opportunity at least. And you are right, it's still counting. I'm renewing EAD every 9 months for 3 of us - 180 x 3 =540
You know what, you win I loose. Keep paying for your GC out of your pocket.
7.5K and counting. :pNobody wins. I would be glad if my company pays for it. Anyway it's good for me that I got this opportunity at least. And you are right, it's still counting. I'm renewing EAD every 9 months for 3 of us - 180 x 3 =540
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Aah_GC
12-04 05:40 PM
Dude.. Congratulations! Isn't that the ideal scenario to be in? You make money at both places and your GC is safe.. count your blessings and have fun!
Gurus,
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
Gurus,
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
more...
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guyfromsg
09-20 07:13 PM
I also met several American citizens who were passing by and were curious about the rally. Me and JazzbytheBay explained and they listened patiently. One hour later I saw them marching with us holding flowers that some of our volunteers were distributing to passer bys. One gentleman was a school teacher.
IV needs grassroot support from half a million people stuck in various stages of green card process. You can be from any country. We welcome and invite members from all countries and communities to join our efforts.
Additionally, one of our best friends can be American citizen who understand the issue from economic, personal and other perspectives. If they become part of our voice we will become more effective.
Each one of us has to become "IV brand ambassador" and present our issue in right perspective to counter so much misinformation floated by some vested interests. Yes, you can do it. We can facilitate.
http://picasaweb.google.com/kannansm/ImmigartionVoiceDCRally18Sep07/photo#5111764333601260802
The guy in black shirt/pant is he a IV member? Next to him is definitely an american Kid. If they indeed are american citizens that listened to our cause and joined the rally, hats off to them.
IV needs grassroot support from half a million people stuck in various stages of green card process. You can be from any country. We welcome and invite members from all countries and communities to join our efforts.
Additionally, one of our best friends can be American citizen who understand the issue from economic, personal and other perspectives. If they become part of our voice we will become more effective.
Each one of us has to become "IV brand ambassador" and present our issue in right perspective to counter so much misinformation floated by some vested interests. Yes, you can do it. We can facilitate.
http://picasaweb.google.com/kannansm/ImmigartionVoiceDCRally18Sep07/photo#5111764333601260802
The guy in black shirt/pant is he a IV member? Next to him is definitely an american Kid. If they indeed are american citizens that listened to our cause and joined the rally, hats off to them.
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LostInGCProcess
06-18 10:56 AM
I would like to thank all the members for their responses.
I am at least (I think) safe, cause I have approved I-140, EAD and I-485 pending and crossed the 6 months waiting milestone. I am still on H1 with that company. They recently merged (or bought by) the other company....from that time on that new company started sending all these documents to sign....which my old company never asked me to do so.
However, I feel sorry for those who are new and primarily in H1B with the company. They don't have much of a choice, I guess.
Thank you pappu, senk1s, jthomas, sunilbhai, snathan and kshitijnt for your valuable comments.
Thanks,
RC :)
I am at least (I think) safe, cause I have approved I-140, EAD and I-485 pending and crossed the 6 months waiting milestone. I am still on H1 with that company. They recently merged (or bought by) the other company....from that time on that new company started sending all these documents to sign....which my old company never asked me to do so.
However, I feel sorry for those who are new and primarily in H1B with the company. They don't have much of a choice, I guess.
Thank you pappu, senk1s, jthomas, sunilbhai, snathan and kshitijnt for your valuable comments.
Thanks,
RC :)
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aj130346
04-04 10:55 PM
A company ( a US Fortune 10...nothing to do with India or any other developing country) filed for a GC almost three years back..They realized for employees of Indian origin...its taking a long time to get GC which restircts their ability to promote high potential employeess...offered a select few to accept their promotional jobs and as and when their H1B time is up, will be sent as expats outside of the US. When they come back, the'll get L1 and GC..
Moral of the story: Where there is a will ( or employee value) there is a way. Employment based immigration is based on the what the US company wants to do...as laws change so will the ways of US corporates....While the good / ethical US companies will continue to thrive...companies that adopt 'mickey mouse' tactics which get into trouble.
Moral of the story: Where there is a will ( or employee value) there is a way. Employment based immigration is based on the what the US company wants to do...as laws change so will the ways of US corporates....While the good / ethical US companies will continue to thrive...companies that adopt 'mickey mouse' tactics which get into trouble.
ags123
02-17 12:26 PM
mhathi's listing of unknowns is right it makes the analysis not useful. More importantly there is a 6 month missing period in the FY2005 data from Oct 2004 to Mar 2005. I have been searching for this as my case was filed in this period. The FLC data is maintained by some guy in Utah whom I emailed. He got back and said that data is not available as Backlog reduction centers were being setup and they havent entered those 6 months into the dataset. I expect that there was a surge in applications in those 6 months before PERM came into existance. So without that data the analysis is pointless.
maverick_neo
08-14 02:13 PM
I know that if you don't have H1 stamping you need AP to reenter. But if you have AP why do you need H1 stamping if you are working for the same H1 employer after reentery? Is H1 stamping a backup to AP?
Some people want to maintain H1B even after AP is approved, just so that they can bring their dependents. But its also nice to have AP in case your H1B visa is rejected.
Some people want to maintain H1B even after AP is approved, just so that they can bring their dependents. But its also nice to have AP in case your H1B visa is rejected.
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