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  • senthil1
    01-30 02:26 PM
    Actually when you are in H1b and without pay then you are out of status. You and your company are violating the law. Impact for your company is minimal if they get caught. Company could be fined for 10k to 1M based on number of violations. If they violations are so much then your company could be banned for h1b for a few years. In that case they will start different company and escape.

    First impact for you is you will face problem while H1b transfer. At the time of transfer if you do not have paystubs your H1 transfer will be denied.

    While processing green card USCIS could send RFE regarding this and you need to explain this and USCIS could accept or refuse.

    When you are out of status for more than 6 months you are subject to ban of entry for 3 years to USA. And if you are out of status for more than 1 year you subject to 10 year ban. Again they will ask explanation before taking any action. These were extreme cases I never heard of. But if you knowlingly violate law you are taking risk knowlingly. Many cases USCIS is sympathatic. Again this case is similar to hiding tax from IRS and 80% of people get away because of lack of enforcement and 20% people those got caught and their life will be screwed completely.

    H1b will not go dorment untill you change to H4.

    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?




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  • simple1
    05-01 05:04 PM
    I am unable to edit the poll. Can Admin edit the poll and prefix the question with word financial.

    btw, I used word support in the poll to refer "financial support" to IV regarding this clarification issue..

    Can you add another question in the poll?

    Would you be willing to contribute towards this work? (Hiring a lawyer/FOIA request etc.)




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  • iptel
    11-30 07:20 PM
    Sorry to hear about this Mehul. Wish you a speedy recovery.

    Please keep in mind that the US healthcare system is for-profit. That means that there are too many bureaucratic, legal and business reasons for either treating or not treating the patient. There might be cures or procedures or therapies out there, that your doctor or hospital is not interested in because its not covered by your insurance as it is labelled as "Experimental".

    Insurance companies are like maggots. They love premiums but when it comes to claims, they try to swipe as many cures and procedures as possible under the rug of "Experimental treatment" so that they dont have to pay.

    I would suggest that you do all you can to seek immigration advise but please consider going to India for a month and getting a second opinion from Apollo or AIIMS or such high-quality Hospitals.

    I would not trust the for-profit, suck-all-blood-dry, deny-care and inhumane healthcare system of this country where the care-givers and the insurance companies are in collusion with each other to maximize profits and do whatever it takes to maximize profits even when it means that some people die and others go bankrupt even after paying insurance.


    Please make sure you try Tata Memorial Hospital in Mumbai they specialize in Cancer treatment http://tmc.gov.in/.
    I am not trying to make you feel good but sharing personal experiance. One of my relative was diagnosed with fatal cancer. As part of final effort they visited TMC if there is a cure. To their surprise they found Cancer to be false alarm it was just a non malignant tumor.
    Mistakes do happen and I hope it happened with you too.




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  • mariner5555
    08-13 01:56 PM
    My attorney just emailed me, she received receipt notices for 485, EAD and AP for both me and my wife.

    My application was received on July 2nd 9:01 AM, if it matters it was signed by R Mickels. Also, there is no LUD change on my I140 application, so I guess LUD changes on I-140 mean nothing.

    I have not seen the notices yet so I dont know what the notice dates are.
    which center ..am guessing NSC but guys please post the center too



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  • mayitbesoon
    09-08 11:12 AM
    TSC EAD Paper filing for me and spouse.

    RD 8/12
    ND 8/13 No LUDs
    AD 8/28




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  • knnmbd
    05-05 11:58 AM
    Dear admins,

    I think deleting my post was not fair. The other people who have been bashing us with MS degrees need to also have their posts deleted.

    I was not offensive in anyway, I just pointed out the reality of the situation and that is not "being offensive."

    If you are afraid of alienating some of your contributors, well then by deleting the posts of ppl with Masters degrees you risk alienating them.

    If I offended the admin personally if he/she does not have a masters degree, I apologize for hurting your "feelings" but that does not allow you to delete my post .

    Finally, since 99% of the time the admins come back with not relevant to the thread, I agree on that ground but respectfully request the deletion of posts by a bunch of others like the "hiring manager" who instigated this discussion.

    Admin:
    Can you also delete posts where there was some bashing of people with advanced degrees, just to make it fair? I think the whole thing was started by the guy (GCsucks) by addressing people who attend U.S universities as "Kids" and I agree with "yabadaba" that this is reality and we were just pointing out what the issues are. If it's a case of sour grapes then may be that guy should vent his frustration else where or easier GET HIMSELF AN ADVANCED DEGREE IN THE U.S



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  • krishnam70
    06-18 11:23 AM
    Well, if u have made up ur mind just based on some post(s) (which by the way, may or may not be true and even if true, do u know the minute details around that case like country of origin, was H1 overstayed etc...etc...?), then no matter what I or anybody else suggests, u will still counter by showing that ONE little post. Do a google on AP with canadian landing and u will see many successful cases. So, tally between the successes and failures. I can guarantee u that for atleast every 100 successes u may (or may not) see one problematic case. The general mentality is, well, there was one failure case...so, will I be the next to be caught? U will completely forget about the success cases. Even if its a problematic case, its not like the end of the world for them. They are still given a chance to re-enter USA.If everything goes wrong, then big deal, Canada beckons. Again, its my point of view.

    So, my final suggestion to u is...."Its ur call. Do what ur mind says". If I were in ur position, I'd have taken the risk and I have laid out my points of views in my earlier posts. But for u, I'd only say..."Its ur call".

    Folks this is personal experience

    We during the endless wait for the elusive GC decided to have back up plan. So applied for Canadian PR in March 2003. The Mandatory 52 weeks were in progress when I had to move out of the city from where we used to reside. So I completed the formalities of informing the Immigration dept of canada about the change in address. After 48 weeks we received a letter from the Canadian Immigration to proceed for Medical examinations and finger prints> We completed both the formalities and within 2 months received the request to send out passports for Stamping. In June 2004 we completed the formalities of getting the passport stamped. Meanwhile here in the US we had already received LCA approval and filed 140 and received approval for the same also but we were not hopeful of the GC itself.

    In July 2005 we landed in Canada through Detroit. Drove all the way to Toronto. We were keen to complete all the minimum formalities required like setting up a bank account, applying for SIN etc. We stayed a a friends place and completed the formalities next 2-3 days and then drove back to the US.

    Immigration status:
    My H1 had expired( 6 yrs completed) Feb 2005 so moved on to EAD. During the entry back to US they did not ask any questions. They asked when we entered US etc and general questions about work for which we replied. Questions about AOS were not asked as it was pretty apparent we were in AOS. The IO scanned through the entire passport and even saw the immigration stamp by canadian consulate and did not comment on it. I guess the answer to any potential questions would be that you will let go of the Canadian PR in case you get your US GC. As far as I know there is no statute or directive that IO should cancel the existing US GC process in anyway. The choice of choosing your country of permanent residence is yours I do not know/think if IO has any say in that.( I might be wrong may be we were lucky). Long story short.. We entered back to the US. Subsequently we got our GC cards which were collected by another friend who was visiting Canada and brought them back to the US. This year July is the last window of oppurtunity for us to go back to Canada.

    We did spend close to 2500$ for the whole process if I counted right.We filed ourselves. It was a valid back up plan for the position we were in. I have had 2 more colleagues of mine who were in the same situation and applied and got their Canadian PR's in the same way and no issues when entering back to the US. One of them even goes to canada every few months to show he is working out of Canada and goes out on consulting jobs. He is maintaining a virtual phone number in canada for any contacts that gets routed to his US number if somebody calls.

    Any call to go this route is purely personal and one person's experience is not a yardstick to say that is the norm.

    - cheera




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  • chanduy9
    07-05 11:30 AM
    This is a good idea - actually we could send flowers for cheap rates if we order it in bulk. Let me know who's in for this. We can open up a paypal account or use one of our own paypal account and start collecting funds and use it to send the flowers to the USCIS dept.

    Any takers?

    By the way - since I am in NOVA/DC, I can initiate some media coverage even if we can get some substantial number of people sending flowers.



    Please don't look at the rate..or for any one...look at the impact, do it before it is tooo late.
    Already bunch of people sent the flowers for JULY10TH. please stick to the same date.

    http://immigrationvoice.org/forum/showthread.php?t=6029

    Thanks,
    Chandra.



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  • Mount Soche
    12-17 09:44 AM
    I got "the letter" too...
    It is just a letter recognizing that there was a SR made etc...
    There really is no substance to it. You should get your letter before 45 days of creating the SR. I got mine on the 45th day.
    Once again, the letter says nothing. What should happen is that your FP appointment should be made during the 45 days after you create a SR. If it is not made, you get "the letter." After the letter, I was told to wait 60 days from when I received the letter to get FP appointment and if I didn't get them within those days to call back.

    Last week I called USCIS regarding FP and Customer Representative told me that they have sent me a letter on 21st of Oct regarding SR I opened in the month of OCT (I haven't received that letter yet. Do not know where they sent it). I asked her about the content of the letter but she said she doesn't have that information and I have to wait till 19th Dec to open new SR. She suggested visiting local USCIS through Infopass. I have taken infopass appointment for this coming Friday. I will update you on Friday about the appointment.




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  • stucklabor
    06-26 12:56 PM
    Santosh_gc, I don't have a problem when you talk about illegals getting ahead of legals etc. But the comment about illegal immigrants bringing corruption into the U.S. was way out of line. It is unfair that illegal immigrants may get ahead of legal immigrants. Let us leave it at that and not speculate on how they might introduce corruption into society. No discussions on how they break the law when they enter the country - that is a bogus argument. Just about every one of us breaks the law every time he/she gets behind the wheel of a car, unless you claim you always drive the speed limit. By your logic, then every immigrant from India can be disallowed as we are exposed to as much corruption in India as there is in Mexico and we might infect the U.S. culture just as much. Bkam's comments didn't add any value to the discussion and were just offensive.

    Keep the argument civil and logical and treat others the way you would like yours to be treated.

    The Ombudsman, I am an IV core member. You may be a contributor to IV but please don't expect me to answer a call from you just because I disagree with you and you would like to argue about it. Keep your arguments logical, don't give us hearsay about what some lawyer told you.



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  • pyaradesi
    07-20 09:57 PM
    I feel sorry for EB3 folks even though I'm under EB2. But I get upset when some of the EB2 folks don't even know the reason why they started getting green cards recently all of a sudden ( b'coz of roll over). They don't educate themselves and talk as if they deserve the green cards. If was a collective effort from IV and fellow immigrants that pressurised USCIS to follow the rules and reduce the backlogs.

    Are you implying every person born in India in the EB2 owes a debt of gratitude to IV?
    Why do people not deserve their greencards? If they followed the law, stood in line, and the government of the USA deemed them fit for a GC what else do you need for them to be deserving? Touch your feet and get your blessings?




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  • Ram_C
    11-21 12:02 PM
    Dear Mehul,
    I have no words to express my feelings after reading your post.
    My heart goes out to you and your family, may God give you and your family the courage and strength to overcome this situation.
    Do not lose your hope, Miracles do happen.

    God bless you and your family.

    -Ram.



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  • narendery
    08-18 12:18 PM
    My husband also got welcome e-mail mentioning about ADIT processing but when he received his card there was no information regarding ADIT processing, should we do anything about it? We have no clue, please help!!!
    Thanks,
    Mita

    When did you receive email and when did you receive your card ?




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  • HOPE_GC_SOON
    07-21 01:23 PM
    Following are details:

    PD: 10/05- EB2 I
    EAD: Paper File: at TSC: Sent on 4th June.
    Receipt date at TSC: June 18th: Check Encashed.
    Generic sof LUDon all cases 06/06/08- I donot think, EAD paper file could have reached by 06/6/08. - Not sure of why Soft LUD

    July 2nd 07, 485/ap/ead Filer.

    thanks



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  • Omm
    04-23 01:52 PM
    Are you an desi employer by any chance?. Just wondering�

    Also I agree with most of what kshitijnt says but why should somebody apologize even after he has placed 4 employees and has worked for 2 years. He did not leave within couple of months for crying out loud. Some of the desi employers are so greedy and unethical that even after you slog with them for years, they still want to hold on to something just to prove they are employer/boss. This is a lesson for people wanting to help their employers business. I would tell them that it is none of their business to help their employer�s business.



    Yes I agree with you, Some are really nastly dont give anything in writting , Dont even apply for H1b until you force them when they hire you on OPT, I have seen some of my freinds had to go back to India because of them. They are to be taugh a lesson, If we are immigants they are too.




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  • fightnow
    07-06 04:14 PM
    Legal Immigrants Protest at San Jose on July 7

    Location: City Hall
    200 E Santa Clara St
    San Jose, CA Yahoo Google Map

    When: From Sat Jul 07, 2007 11:00 am to Sat Jul 07, 2007 2:30 pm

    11:00 AM: Meet at San Jose City Hall (200 E Santa Clara St, meter and paid
    parking lot)
    11:30 AM: Go to the square in front of Dr. Martin Luther King, Jr. Library (
    150 E San Fernando St)
    12:30 PM: Walk towards 635 N 1st St through S 4th St, E San Carlos St,
    Markety Street and N 1St St.
    1:15 PM: Arrive at 635 N 1st St and stay till 2:00 PM
    2:30 PM: back to City Hall

    Rule #1. Abide by law
    Rule #2. Stay on sidewalks.
    Rule #3. Follow traffic rules, show courtesy to other pedestrians. Do not
    block building entrances
    Rule #4. It might help if you dress professionally. Get your best attire out, suit or blazer and tie, and similar business attire if you're a lady.(Newly added by sertasheep)

    What to bring: plenty of water, snack, sunblock and your SIGNS.

    See google map for the route:
    http://maps.google.com/maps?f=d&hl=en&geocode=&saddr=200+E+Santa+Clara+St,+San+Jose,+CA&daddr=S+4th+St+%4037.337490,+-121.887320+to%3A150+E+San+Fernando+St,+san+jose,+c a+to%3AS+4th+St+%4037.332980,+-121.883940+to%3AS+Market+St+%4037.331030,+-121.888360+to%3A37.333859,-121.890907+to%3AN+Market+St+%4037.338380,+-121.894240+to%3AW+St+James+St+%4037.339080,+-121.892780+to%3A635+N+1st+St,+San+Jose,+CA+to%3A20 0+E+Santa+Clara+St+San+Jose,+CA+95113&mrcr=4,5&mrsp=5&sz=15&mra=dme&sll=37.335736,-121.886315&sspn=0.015764,0.039911&ie=UTF8&z=15&om=1



    Disclaimer: Event leaders take no responsibility and will not be held
    responsible for any injuries or accidents that may occur during the
    posted events. It is your responsibility to abide by law. By joining
    this event, you are taking responsibility for your own safety and well-being.

    UPDATE FROM IV CORE :

    Bay area residents:

    Please begin the process of getting permit from the city to do this in the time-frame and route mentioned. But please move the date to either saturday July 14th or July 21st.

    People wont be able to come tommorow so this must be done July 14th or July 21. Also, the rally should not be about just the July bulletin. It should be about backlogs and numerical caps as the root cause of this mess.

    But do get city permit for around 100 people (that's what I expect will show up in Bay area based on past experience with Gutierrez rally).

    Let's get some attention from CEOs of Oracle, Cisco, Sun and Google and also some attention from Rep. Zoe Lofgren and Nancy Pelosi. There is NO better place than Bay area to do this, especially San Jose.

    Let's do this.



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  • jguharaman
    11-22 02:37 AM
    Hi Mehul

    I mailed you the Pranayama instructor's email as a private message.

    I would strongly recommend that. I was in India few months back and the person suffering from lung cancer had got cured by practicing Pranayama day in and day out for nearly 1 month. He was given 45 days time by the doctor, as the tumor had burst in one of the lungs.

    But he had faith and got over the problem in a month's time. Doctors were surprised as well!

    I would suggest you do that as well. At least discuss the options with him.




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  • like_watching_paint_dry
    12-10 11:51 AM
    Why don't you move back to Britain or whichever country you or your ancestors came from? Also, a lot of wealth in the US has been created by these people who "slam into someone else's country." So your argument has little validity. Maybe I should not be wasting my time in responding to xenophobes.

    Dont waste your breath on these benefit scrounging, trailer trash dwelling, racist redneck xenophobes. He's just concerned he wont be able to buy viagra with your social security and medicare taxes if you stay and happen to depend on them some day.




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  • JunRN
    08-27 02:12 PM
    I second...no need to panic....let's start doing what they're doing on the last week of September if we don't get our receipts....just kidding...

    I guess a well package application gets the nod for Receipting very fast while poorly package ones may face stricter scrutiny at the mailroom. Another thing, the mailing room is also sorting out applications to be retained at its service center and those that need to be transferred to other service centers.




    unitednations
    03-08 04:21 PM
    I came on extension. I think they are more critical about the companies with whom you are working for. All my friends with extended their visa with no problems. I it is very hard to conclude on this. But scares every one if we keep saying they can not extend their visa.
    Be prepared with good documentation and you should be fine.

    Following is an e-mail I received from a person on L-1 with IBM.


    Adding to my conversation with you, its unfortunate that my L1 extension has just got denied this week. I was going to leave this company anyways but this makes the COS difficult. My case took unusually long and now finally i have the denial notice as per USCIS website. My company has not yet received the papers, but once they do i may have to go back to India for converting my status. I think cannot go to Mexico or Canada as my I-94 has expired.

    In the meantime i am following a lead i have for a project in Atlanta. Nothing sure but i will let you know if it culminates to something.

    I was also informed that there is a new rule in place which does not allow people to go to Mexico or Canada for H1 stamping if they have entered US on a different visa . People are being sent back to home country for stamping.

    What do you suggest i do? Shall i get H4 stamped in India or shall i go for H1 stamping. I will still have at least a month's grace period and if things don't work out after i come back, i will then convert to H4 then.

    Looking forward to hearing from you soon.




    srikondoji
    07-05 11:08 AM
    I sent it for Friday deliver.

    http://www.ftd.com/528/catalog/product_search.epl?expresslane=Yes&AID=search&flc=FTD&website_id=528&SLI_searchintegration=1&search_box=F488&Go.x=0&Go.y=0

    cost 24.99 to be delivered Friday 7th. Search for F488

    Merchandise Subtotal: $ 24 .99
    Service Charge Subtotal: $ 13 .99
    Discount Subtotal: $ (5 .00)

    Your Order Total: $ 33 .98 All prices are in US dollars

    Message to Emilio

    Thank you for giving us Hope for few hours on July 1st and taking it away. We enjoyed the ride and the pain. Wish you all the best for future Visa Bulletins.

    -- let the campaign begin..



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