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  • raj131982
    04-12 02:11 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





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  • a_yaja
    12-16 05:45 PM
    Why do you want to get the visa stamped for your old employer (Employer A)? The Chennai consulate will know that you have a newer H1B with a different company. Your attorney is correct in that joining Employer B as soon as returning from India shows false intent. USCIS could interpret that as fraud and you could be putting your GC at risk (this is just an extreme possibility - but anything can happen).

    You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).

    Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.

    Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).





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  • sujith1
    07-09 07:55 PM
    I did self filing of EAD and AP and sent the docs using USPS express mail. When I checked the status this is what I found

    "Status: Notice Left

    We attempted to deliver your item at 10:59 AM on July 9, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later"

    So if nobody picks it up after the second delivery they will send it back - Was it a mistake to send by express mail?

    Thoughts???





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  • ramaonline
    06-22 02:27 AM
    according to the current regulations
    h1b is a dual intent visa - u can continue to hold h1 status even if 485 has been filed and pending
    u can also file for ead and keep both h1b and EAD statuses at the same time. working on ead will not make h1 invalid.
    pl confirm with ur company attny



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  • lrindy
    09-19 11:48 AM
    Ras, looking at the photo at the rally, I think you got the point. Not much attended and I don't see any other nationals there.

    Not everyone could attend the rally! I for one, was not there for my own reasons. IV is for everyone; all nationalities. We should all be contributing in our own way. Mine was making sure congressmen, senators and Americans are aware that immigration isn't just about illegals. I've been calling, writing and maintaining contact with them for 5 years. Senator Lugars office "know me" now. Governor Daniels is one of the 12 that signed the last letter headed by the "terminator" Arnie!!! So, I may not have contributed by attending a rally or monetary donation, but our state leaders here in Indiana, are now more aware of the plight of EB immigrants; maybe, just maybe, with a little help from me...

    If IV majority is made up of folks from certain countries, then does that not prove those are the countries with the majority of EB immigrants to the USA? I don't care where you come from, who you are; we are all here for the same exact reason. We are sick of being held to ransom by a broken immigration system. We are sick of whenever you say "immigration" the first thought that pops into peoples minds, US born that is, is illegals. I am sick of it and take the time to try and explain it.

    Keep up the good work IV!!!!!!!!!
    I have learnt a great deal from this site and will continue, in my own small way, to help the cause.

    Cheers,

    LRIndy. Crossroads of America!!!





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  • morpis
    06-25 12:34 PM
    Hello all,

    I am not able to get my passport renewed. Indian consulate in Houston said that it will take atleast 4 weeks to get a passport.

    Pl help. Can I go ahead and apply for my 485?

    Also, would you know anything about copies of affidavits?

    Pl reply. I am in serious bind.

    Thanks.



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  • priderock
    09-01 05:51 PM
    Congratulations to those who got the "Card Production Ordered" email. Could you guys share if you had to go through a second finger print

    No second FP for me. first one in 2007. I had the very same question before. I gather that they are renewing the old FPs.





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  • AirWaterandGC
    05-14 06:35 PM
    I had mentioned in earlier posts that as I understand IV's goals are broader than just getting the visa dates current. We as a organization should aim to streamline the legal immigration system at least employment based .... if possible even the family based. This would include but not be limited to at least some positive legislation that would enable more legal immigrants to get PR status.

    I assume Waldenpond, logiclife, pappu .... and all the leaders are working towards this and all of us are behind you supporting in your efforts.


    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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  • Prashanthi
    10-20 04:54 PM
    Try to file for a change of status from H-1 to H-4, include the hospital records and letter from the employer that your wife is on maternity leave, see what happens. If that does not work then you can think of leaving for a visa, you will not be barred for 10 years as you have not accrued unlawful presence, this is only accrued if your I-94 expires or the USCIS determines that you are out of status. However, going outside the country is risky as you may not get a visa and may get stuck outside the country. I would try to do the COS first.





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  • perm2gc
    06-11 12:12 PM
    Asked Core Iv A Question And They Deleted The Thread

    --------------------------------------------------------------------------------

    I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
    I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
    get out of box...IV core always asked people to PM if they need some information and IV core goals will not be discussed in public..



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  • VivekAhuja
    05-28 06:29 PM
    I keep reading about how immigrants are important and pay taxes and contribute to the economy so they should be given rights/important and all that. There was even a thread that said if GCs were given to EB based immigrants the housing problem could be solved because of this buying power. STOP IT.
    The US does not need you, you need the USA. No one put a gun to your head and told you to come to the USA, you chose. You need to follow the tax laws so roads and other sevices you come to this country for can be maintained. Your buying power is less than 1% of the US economy. The laws do NOT prohibit you from buying property here so you can buy a house without GC.
    So STOP trying to potray it like you are doing a favor to the USA. Be realistic and solve the real problems instead of trying to find loopholes of hw to get the US govt. to give you GCs.





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  • mmk123
    10-01 08:26 AM
    waitingnwaiting, what a useless attempt to further divide EB community?

    I have Chinese friends in my company going through similar pain and I know what they think; so no need to believe some idiot on some forum.

    The real process of lawmaking is so arcane and it screws each one of us equally bad.. no matter what country..

    - m



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  • thomachan72
    06-21 05:51 PM
    I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D





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  • leo2606
    10-15 09:48 PM
    Yes but where did you do your Bachelors and in what?
    Reason I am asking is, I have seen I-140s got rejected for some folks where the person did 3 years Bachelors or AMIE eventhough they had MS in USA (Specially with EB-2 cases).



    No I did MS in computer Science from here only



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  • chadoubra
    06-21 01:52 PM
    I found this website regarding Nogales and Mexican visa's. It may be helpful. Unfortunately, i'm from africa and need a visa :(


    Q: Do I need a Mexico Visa to visit Nogales U.S. Consulate?

    A: If you are in the following list of Nationalities you just need an FMT Tourist Card Click here to see sample FMT form Andorra, Argentina, Australia, Austria, Belgium, Canada, Czech Republic, Chile, Costa Rica, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, *Hong Kong,* Hungary, Ireland, Iceland, Israel, Italy, Japan, Latvia, Lichtenstein, Lithuania, Luxemburg, Malta Monaco, Norway, New, Zealand, Poland Portugal, San Marino, Singapore, Slovenia, Slovakia, South Korea, Spain, Sweden, Switzerland, The Netherlands, United Kingdom, Uruguay, United States of America.
    * Chinese citizens with passports issued by the Hong Kong Special Administrative Region*


    Q: What nationalities need Mexico Visa to visit Nogales U.S. Consulate?

    A: The following are some of the nationalities that need Mexico Visa. Mexico Immigration Consultants can file on your behalf for Mexico permit you do not need to be present and we can expedite it in 5 to 10 days: Brazil, Cameroon, China, Colombia, Dominican Republic, Ecuador, Egypt, El Salvador, Guatemala, Honduras, India, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Lebanon, Malaysia, Nepal, Niger, Nigeria, Pakistan, Paraguay, Peru, Philippines, Russian Federation, South Africa, Thailand & Turkey.

    http://www.sandiegoleisure.com/NOGALESCONSULATETRIP.html





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  • desi485
    12-02 07:46 PM
    Thanks for sharing this news. Here is the link (http://www.immigration-information.com/forums/showthread.php?p=25832).

    This news is very encouraging and thanks to Ron Gotcher for publishing it on his web site. Guys, please continue sending the letters, if you have not done it so far.

    We are working on 2nd phase of our campaign.

    pd_recapturing, this is encouraging indeed. People should not fear using EAD, specifically in this economy EAD gives you much better chance to survive than an H1B.

    Regarding campaign, please share some updates, news with IV community.



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  • lord_labaku
    10-08 01:33 AM
    Worry about it after the fact.

    Technically you can maintain both PR...esp. if you live & commute in one of the border cities like Vancouver, Windsor. But at one point, you may have to decide which citizenship you want.

    To maintain future growth, Canada has to rely heavily on immigration - thats one of the reason, its easy to get Canadian PR.

    Depending on your priorities, it may be worthwhile to continue maintaining Canadian PR after you get US GC. (for e.g Canada allows sponsor of immediate relatives as a PR while you have to wait for US citizenship of the same. Also getting Canadian citizenship takes 3 years as opposed to 5 in the US)

    that being said, the Canadian economy lives in the shadow of US & finding jobs I have heard is difficult in Canada.





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  • manderson
    10-30 09:58 AM
    stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.

    Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.

    One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...

    Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!

    :)


    Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

    The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

    We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.





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  • kowligi
    10-01 08:47 PM
    My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.

    The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and

    1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)

    2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic

    3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?

    4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?

    Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(

    I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!





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    07-17 12:13 PM
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    parvezns
    01-17 07:36 PM
    Hey All,

    I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.

    Recently, I got my H1b visa extension until 2012.

    I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".

    I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.

    I do hav an employment verification letter obtained from my manager at end client "X".

    I am planning to do my visa stamping while in Mumbai. I have 4 questions :

    1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
    do you recommend me to go to Mumbai for new visa stamping ?

    2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
    Any advice ????????

    3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?

    4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.

    I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.



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