Vatives galleries

I have a valid H1 approval till 2011 and used AP for my previous india visit. Right now i am transfering my H1 to a new company.
I asked my lawyer if i was on H1 status or not? She replied, Unitl you use EAD, i will be on H1B Status.


and also we can transfer our H1 to new company also. thats what i am doing now.

hope this helps!! and this was the answer from 2 lawyers which i asked.

Duration for I-94 while entering on AP is same as validity for AP. I am not sure what will happen in the scenario below:
A person on H1B validity for two years enters US on AP, which was valid for an year. He/She gets I-94 for only one year. in case person do not have any travel plan for next two year, will he be out of status after year as I-94 would have expird after one year and he/she kept working for H1B sponserer for two years.


Another questuon is Does renewed AP also comes with new I-94, like H1B renewals?

Saurav

gimmi green,

I am wondering how did you do that? I am in same situation but I always thought that you have to stay with the company who has filed your 140./ I have 140 approved and wasting my time with the company every day but at the same time started real estate business with my partner part time. I am wondering if there is any way to keep your green card going and at the same time work for your comoany. I really appricate your insight.
Thank you.



gimmi green - Don't you see green around you. Let me tell you how to get green

1) Use your credit history to purchase additional home in Florida. House purchase in 150000 will be 250000 in year. The market was like that a year back. It takes 8 months to get a house. There is a big line.

2) Open your own e-business. File E visa. 1/4 million should be easy money if you have stayed here for 10 years.

3) House listing in only done by realtor. Give option to customer. For fun open a site for people to list their house for sale. Give them free service then charge. Live American way.

4) Make school in Village. I have made one. I enjoy supporting the school. Grow India.

5) Don't worry about GC. Do something. Registering a site takes some $35 or 40. Built you site. Use American brain.

Am I doing it? Yes.. Did I make money? Yes.

Ensoy.

The point behind the lawsuit example was that just talking frivolously about lawsuits without understanding background and facts - is completely meaningless. This has been proven in the past.

It was about why more visas were given to EB-I and less to EB-C. Nothing to do with present debate

My Second $100 on the way. It should reach IV on 28th.

Great job and keep it up.

I talked about this IV to lots of my immigrant friends who are in different stages of GC processing. I feel those folks are thinking of getting a free ride with others contributions and hard work. I can only pity them for not being a part of the team. This kind of character would get them GC but would not get them to top in any profession. Still I did not lose my heart. I will keep on talking about IV with them and I beleive, one day they will feel to contribute.

natrajs - Is your case at TSC or NSC?

My case is submitted to TSC and it was never transferred to any other SC

Rec Notice # SRC07XXXX
EB2-I - June 04 ( Same Employer , Though I got the EAD, never switched to EAD, still have H1B Valid unitl Feb 2011 (9 to 12 YrH1B))
RD - 8/8/07
ND - 9/28/07
FP - 11/1/07
SLUD - 8/28/08
HLUD - 9/15/09 - CPO E mail ( Self & Spouse)

No RFE, SR on 8/27/09 - Recd reply on 9/4/09 stating that your case is pending and processing is delayed. Called two senators offices and sent them faxes, Lawyer sent a letter to AILA liason on 8/20/09 - So far no replies

Called TSC on 9/15/09 eve 5 PM and talked to CSR and she convinced and transferred to officer, he told me that the case is under review since 8/28/08 and asked me to keep faith in the system

And by 7 PM EDT - 9/15/09 recd the CPO - email for both of us

If you need any other info , please PM me

If you treat the forums as your workplace then it will be better for all of us. No discussions on politics and religion. Period. Just be professional in your replies and you don't have to respond to each and every post. If you do not like it then do not respond. This is not family that you need to correct/straighten every person.

Let it go y'all. Peace.

Agreed...this is very typical of quite a few threads in this forum. The thread starts off with a very interesting and researchable piece of information and then degenerates into trash talking. I request all these senior members (Sanju, Mirage, et.al.) and donors to regroup and focus on a strategy to keep the Senator's office involved in getting some better information for us since they have already started the process. One way could be to draft a letter in reply with the following points:

1. Definition of "pending" applications in USCIS lexicon
2. Breakup by year
3. Are these 485 applications only
4. Cna we get a similar breakup for the currently retrogressed major countries (India, China, Phillipines, etc)

Additionally, it might also be helpful to request the Senator to get some information from the Department of State with respect to how many applications are "pending" with them for consular processing, since they also come in the same pool of available visas.

Peace.
BKarnik

Are you drunk tonight or just kidding me? :)

I really did think it uptil tonight. I am still hoping you are right because it means that there is no GC cap on US MS. See there is a cap on H1B for US MS.

My drinking days are over. Can't drink any more.

I am a moron. I beat the system to get the degrees. I should be in the Ag jobs pool.

"Victory is always possible for the person who refuses to stop fighting." - Napoleon Hill


I would say ignore. If the hosts dont even use 'controversial' to describe him it's pointless trying to call in - its going to be an 'immigrant hate-fest' whether you call in or not and you are not going to win hearts or change minds. I remember 4 or 5 years ago he was raging against the H1 on air as usual and turned around to his staff and asked if CNN too was using the H1program - and the answer unsurprisingly was 'yes'. He has no sense of shame or a modicum of decency - none of his staff members either. And IV is ill-positioned and too narrowly focussed to take him on in any meaningful way given how a core member spoke against the z-visa (for illegals) to some n.carolina newspaper. But again I could be wrong so someone could give it a shot

often i'm amazed by the knowledge of some of the posters here...... but more often i get a laugh out of stupid ideas that r thrown around...... for example u want something big.... want to send transcript..... blacking out the name...... if there is no name on the transcript..... how will anyone know if its genuine...... so u r still afraid of someone knowing u'r name... but u want to do something big....... that makes real sense...... if u know what i mean..... then u want someone else to do a rally....... r u going to come to the rally?..... how will u hide u'r personal information when u come for the rally....... maybe time to take out the Halloween nixon mask.... to protect the personal information/identity..... and for the hunger strike.... lets have someone with a nixon mask do hunger strike...... we could just say that its not me who is doing the hunger strike.... its president nixon doing hunger strike on my behalf....... great idea...... by far the best one ;)

You humor was not at all appealing neither it galvanized anyone. In stead of posting remarks, how about giving some constructive ideas? Or is too much to ask?

I didn't ask for hunger strike, as I don't know about any litigation problems associated with it. I did ask and I quote " To organize something big, like a rally"

February -- reason--- we will get free publicity by the media, as it would carry a different notion.

I look forward to your any constructive ideas.

Lastly personal information -- of your social security number and address-- hmh looks like didn't graduate from here. It is ok, quiet understandable


Thank you

Folks

July bulletin is OUT and NO more significant movement. Donot hope for future bulletin . Please call Lawmakers ASAP. Unless we take action USCIS is not going to do anything. Situation can be worse once we head towards election season. Still we have 1-2 months to get things done or we will be waiting for years to get green card OR EAD ( For some folks ).

It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .

I request all of you to call , if you have called then ask your friends and family members to call.

Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.

CALL NOW .... and Spread this message to everyone.

Thanks InTheMoment and seahawks - your points have been added to the list.

?? :confused:

~~~~

AC21 doesn't contradict any law. AC21 memo is a real memo. It provides guidance for areas that are not clearly defined. So no point in comparing AC21 memo against the latest illegal memo by USCIS.

Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.

Your saying that memo is illegal does not mean anything more than your personal opinion.

H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.

PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.


___________________
Not a legal advice.

Thanks guys for the moral support and quick responses.

More details are as follows:

1. This accident occurred in 18 months back in CA
2. We were going on high way and suddenly the car infront of me came to a sudden halt and as I didn't had any reaction time, even though I applied brakes I went and rammed into the van in front of me, which in turn hit the car infront (like a ripple effect) and totally 8 cars were involved in that collision.
3. So at first we thought it is entirely my fault as I was coming at 50s and I rear ended the care which inturn created this ripple effect.
4. But the actual scenario is, the van infront of me came to halt, as it rear ended the car infront of it and due to which the other car hit the one infront.

So already one accident happened and I caused one more and as mine was a 11 seater and coming at 50s the impact was high and involved in 8 cars.
All this happened within in mins or secs, I would say

--> --> --> --> --> --> --> -->
Myself car1 car2 car3 car4 car5 car6 car7

In the above pictorial representation,
a) car 1 hit car2 which in turn hit car3 (1st impact)
b) Myself hit car1 again which ripple effected all the way upto car7 (2nd one)

I was the only person injured and and had to be hospitalized with bi-lateral hip fractures and right knee fractures and was out of work for 4 months.Luickly my insurance covered most of the amount thats been charged(around 300K)

Finally I recovered to a great extent and out of blue gets a lawsuit from the owner of car3 against myself, Car1 and car2.

BTW, insurance determined that my fault is 80% as I caused the greater collision and they paid the property damages for all the cars involved.

As per the lawsuit, seems car3 drivers spouse had herniated disc due to this accident and are expecting $200,000 for future treatment

So they are claiming the following:
3 milliion for : other damages(emotional etc.....)
200,0000 for: future treatment
50,000 for: lost wages

Thats is what the story of my life :(

Hope this gives u more details to provide me with more suggestions.

Firstly, I am not a lawyer and I would recommend that you get a lawyer to help out.

As mentioned before this is a civil lawsuit and not a crimial lawsuit. Impact on GC should not be a factor but consult an immigration lawyer.

Now depending on the state law you should not be liable for Cars2 through Cars7. It could easily be argued that they did not leave a safe distance between them and hence the ripple effect. What the insurance determines is the fault is not necessarily how the law would interpret it. So if you insurance of any of the car insurance assign percentages of fault, it is pretty much based on their calculations. Did you recieve a traffic citation? If so did it indicate that you were at fault for all the subsequent accidents? Did you contest the citation? If so what was the outcome. If you contested the citation and got the charges dropped you have a stronger case against each of the other plaintiffs.

Try to settle out of court and get the lawyers to drop the case. The way you do that is to claim that you don't have any money. Remember the lawyers for each of the plaintiffs have done an asset check on you and they know how much you have. Although the judge could request that each of the transactions to reverse. Do the following:
Read this post: http://immigrationvoice.org/forum/showthread.php?p=249649#post249649

1. Take out second mortage on the house (if you own it) and transfer cash to a relative's name in India
2. Sell cars and lease new cars
3. Cash savings etc should be transferred to relative's names in India.

Show the lawyers you don't have any money and they will not be able to recover their fees from this lawsuit. Do not capitualte to threats. Instead offer to settle out of court. Let them come up with the offer and then bargain like hell.

I hope this helps. If you need to talk more send me a private message.

hello EVERYBODY..need help..

this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.

Hi Shweta,

We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.

Best regards,


IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???

also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??

ADVICE ??

On Aug 11, 2007 - I 140 Denied Due to Ability To Pay issues

Description for denial ( I have also attached the denial notice)->

They looked at years 2003 to 2006 history for I140 since PD is JAN 03.

* Reason 1 - Lower salary than specified in labor
Preferred Wage in labor - 78,750
W2(2003) - $76,850; W2(2004) - $75,638; W2(2005) - $31,652;
W2 for 2005 is less due to company merger. I have another W2 from new company for 2005. I moved to another company due to merger but lawyer continued GC throgh old employer since the both companies exists after the merger.

* Reason 2 - negative net income of the petitioner
2003 (-$537,841); 2004(-$445,493); 2005(-$527,298); 2006(Not Submitted);

* Reason 3 - 2003 and 2004 OK but net current assets are -ve in 2005
and my lawyer did not provide 2006 information

Acceptable Assets Aceptable Liabilities Net Current Assets
2003 $4,272,733 $3,789,359 $483,374
2004 $4,871,615 $4,660,879 $210,736
2005 $5,047,775 $6,494,111 ($1,446,336)
2006 ---- Not submitted [ Company has not filed taxes yet]
For 2006 they will be filing big loss.

Does anyone know any way out of this.

Your view is right myfriend. No one cant be in your shoes but it cant be channeled at L1's. ppl here feel the heat of outsourcing through H1/L1 as thats the route taken. But if there is limited oursourcing everyone is happy. We are missing that and technically that cant happen due to trade issues... as i said If not H1 then L1 else B2....... On B2 one is NOT supposed to work they still abuse.. .

you will know when you face layoffs and unfairly they target you.

Thanks for all the replies! I already contribute to IV, so all the mails about contributing to IV can stop :) You dont need to sell me IV.

I am considering an opportunity, but if I leave I might lose my PD as my current employer does withdraw the I140.

Without any reform, my guess is it is going to be 5+ years for my date to be current. Just wanted to hear a few other opinions.

Also, if there is any impending relief (like 485 filing by 2/15 thats being discussed), I would be interested in hearing about it. It would be terrible for me if I move and then a relief is passed immediately in the congress.
Folks
Keep the jokes aside, this is not another thread which come up every now and then ( as i thought initially).
This is really serious question or looking for serious opinion.

Aristotle : if you have doubt that your earlier 140 will be canceled, once you move to new job , then consider waiting ( till 02/15 atleast)

where is the poll at?

We were approved on 9/2.
Had opened an SR on 8/25 and had sent an email to TSC streamline on 9/1

@sdr..can you please let us know did you mention in that email or what is "TSC Streamline" email.. Does NSC has something like that?

Thanks,

Friend
First of all, there is no typo, never he will say something not real.
Come on, it's not you and me stood up, spent personal time, sacrificed so much.

If you can not contribute for obvious reasons, no one is demanding you. I hope and sincerely wish that 'Aman' doesn't have to sell his house.
It's heart breaking to see such statements
isnt it obvious that its a typo..

Great Job Aman , you are our hero...