Monday, July 4, 2011

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  • sweet23guyin
    06-18 10:47 AM
    I understand AP is like your visa stamp. I94 shows your status and not a visa stamp.
    As a known fact,You may show to IO at port of entry only when it is valid and not expired.
    You may also apply for an extension only when you wish to travel out and want to come in using AP.

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  • belmontboy
    02-10 11:22 AM
    some retaliations (for wistleblowers) based on race, ethnicity etc. are illegal. however if it was just because they didn't agree with your behavior or business related thoughts then they are perfectly okay firing you.
    saying that usually the onus is on the company to prove that it was not because of any of the protected category (race, ethnicity etc.)

    I am not a lawyer. do not take this as a legal advice.

    generally all retaliations on whistleblowers are illegal.
    retaliation based on race, ethnicity are discriminative and can be sued!

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  • smuggymba
    05-16 12:35 PM
    I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
    Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.

    Pls reply

    u can leave and come back on H1 with new problemo.

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  • jk999
    11-30 01:17 AM
    A friend of mine is going through this and I am posting on his behalf while he is really stressing it out. Any help would be very much appreciated.

    He got his H1B through this consulting firm last April in effect from Oct 01, 2008. He finished his masters here in the US in April. He made himself available to the employer and was searching for work all summer. His employer asked him to clear a few certifications in a field unfamiliar to him. My friend took certifications but also has been on a look out for any new opportunities given the tough market.

    He recently found one and is looking to switch his H1B. Now that his current employer has found out about this, he totally freaked out threatening to cancel his H1B.

    Things to note:
    - My friend has not been paid by his current employer. So no pay-stubs what so ever
    - He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves

    What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?

    Thank you


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  • elusive
    10-14 09:11 AM

    I am Planning to go TORONTO for my 2 H1B visa stamping.In my first experience my application was under administrative processing for 6 months, but since I have AP and EAD I came back,then when they called my Passport was about to expire in 5 Months so with my new passport it went into administrative processing for 2 more weeks then I was asked to come down to toronto and I got my H1-B

    Now here are my concerns specially how to prove

    1) Employer employee scenario( what docs will prove VO, I work as a IT consultant at third party have my H1B approved till 2013, visa is expired,Vendor is ready to give letter , client does not have this policy )

    2) My project end date is feb 2011, what if he asks me what will i do after that, how to convince?

    3) will my previous administrative processing triigers for admin processing again ? I heard that once you went to admin processing after that any time you go for stamping you will go through admin processing?

    4) Will use of Advanc parole (in case of admin processing) TO come to US in anyway cause issues when admin processing is done and visa is to be issued?

    5) Is it safe to go to HomecountrY(Hyderabad,India) than toronto since I dont have US Degree but I did study MS for 3 semesters yet to complete

    6)If I Marry and wants to use AP to enter but work on H1 status, can I still have my wife go for H4 Interview with my expired VISA but unexpired I-797 and she comes on H4 and I come back using AP and work on H1 status?

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  • sashram97
    09-15 04:23 PM
    My husband thinks if he loses his job he would get unemployment and medicaid benefits if we are permanent residents.
    Now his job is fine, his insurance is going on good.
    But the question is when he loses his job.
    Thats why he is worried.


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  • gparr
    November 14th, 2004, 07:18 PM
    While photographing in the Japanese garden in Portland, OR, I unintentionally captured most, if not all, of the stone lanterns that are dispersed throughout the grounds. Here are my three favorites. More in my gallery. Comments appreciated.

    2 sec. at f/22 and 25mm using the EFS 18-55

    1/4 sec. at f/8 at 22mm using the EFS 18-55

    1/20 sec. at f/8 and 35mm using the EFS 18-55

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  • lazycis
    03-04 10:39 AM
    There are no guarantees when you are dealing with the USCIS. I was current in April 2005. Approval came in November 2007. Call the USCIS customer service and initiate service request.


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  • arsh007
    06-18 05:41 PM

    I am going to apply for i-485,
    i have birth certificate which is taken in 2005 but I was born in 1974
    some of my friends are you are born in 1974 and as your
    birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
    to get the green card.
    Is it right?
    They are saying me to get Affidivits + non availability certificate now.
    will it be a problem if I put my birth certificate....while applying for 485


    Your friends are correct. U can avoid RFE in I-485 by using affidavits.

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  • Blog Feeds
    08-26 07:20 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    Elin Nordegren broke her silence ( and gave her side of the story today telling the world how shocked and embarrassed she was by Tiger's infidelity. She also defended the marriage, saying that the marriage was real, not orchestrated for the cameras and sponsors.

    In our practice at Fong & Chun, LLP, we have seen many marriages, like Elin and Tiger's which were entered into for love, completely genuine marriages and yet within years (sometimes a lot sooner), the marriage goes awry. For those immigrants whose conditional greencards were based on marriages to US citizens, these men and women find themselves in a situation like Elin, telling their stories to the USCIS, actually defending themselves from deportation, that even though their marriage didn't survive the test of time, it was not a marriage of convenience for immigration purposes.

    If a marriage fails anytime before someone naturalizes, a person who immigrated through marriage will later be summoned by the USCIS for an intense and very uncomfortable interview in order to maintain their permanent residency - even at the time of applying for citizenship. Such interviews can even occur years after the marriage and divorce, so recounting the facts of a relationship and providing the documentation to verify the facts of the courtship, the wedding or civil ceremony, then detailing the timeline of marriage, separation and divorce is more than just burdensome, it's sometimes impossible. Attorneys at Fong & Chun have defended clients in such interviews, which can take several hours! Not to mention the legal briefing and the administrative review that can take months to years in the most complicated cases.

    We have counseled couples and immigrants who face this difficult situation, sometimes their marriages have ended because they had to escape physical or emotional abuse, other times, the marriage failed because of infidelity or even financial distress. If you need help telling your side of the story to USCIS, call the attorneys at Fong & Chun, LLP for a free consultation. Maybe we can help. --ecf

    More... (


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  • Administrator2
    05-21 01:08 PM
    Here is an example of a massive success of coordinated grass roots effort.

    Banks have spent over 100 million dollars to lobby the Congress to stop Financial regulation reform. But targeted and timely 3000 calls from grassroots to Sen. Scott Brown's office has changed the course of this entire debate.

    Because of those 3000 calls, Sen. Brown decided to be the 60th vote for the cloture, ultimately resulting in financial reform.

    Source: Scott Brown, under pressure from left, votes for regulatory bill | The Daily Caller - Breaking News, Opinion, Research, and Entertainment (

    So why did Brown buckle, after voting to uphold the filibuster on Wednesday?

    For starters, he received 3,000 phone calls to his office over the last week, all of them by supporters of Organizing for America

    Brown received around 900 calls on Thursday alone, a DNC source said.

    This is what only handful of us can also help achieve when it matters the most. It needs coordination and timely action from the grassroots and all IV members.

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  • LondonTown
    06-19 01:04 PM
    My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
    Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
    If there is a problem in stamping can i return on the old visa stamp.

    I have been to the interview before approximately 60 days of visa expiration 3 times and no issues.
    Last year when I went for interview I was told that my visa is approved and I will get the passport in 5-7 days but when I did not get the passport after 15 days I called embassy and was told that my case is in admin processing and will take up to 60 days. Since my previous visa was valid so I asked for my passport and got it and came on the old visa stamp.


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  • ramyv
    12-24 12:42 PM
    My friend is with the current employer for the past 3 years and now she has her H1 renewed .The employer had some issues with USCIS and currently she is on bench and is planning to go to india to get married.She has an appointment in Tijuane but she is worried if the employer history would affect her chances of stamping.So she is planning to have her H1transferred but she has her marriage in feb.So what are her options of getting her stamping done?

    Can she go to India with new employer documents having applied for transfer(premium processing)and have her stamping done there? Is the pay stub with the current employer compulsory?
    How much time does it take if she goes for premium processing and what documents would she need from the new employer(incase the transfer is pending by the time she goes to India)?

    Looking forward for some suggestions.


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  • Jiruharudo
    04-19 02:12 AM
    ..Since when does bacon have a gender?? o_o;;;


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  • blacktongue
    02-22 09:49 AM
    :) Only if your GC is based on marriage to a US Citizen. Otherwise all Family Based GC's also need 5 years.

    Not only Marriage. Even father, mother close relative has 3 year wait

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  • gapala
    06-03 08:31 PM


    This is going to help many.. thanks


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  • rparuchuri
    08-10 08:42 AM
    I think you can safely sponser visitors visa while you are on H1B. What do you mean by working at clients place? is that place listed on your H1B application. Many times Attorney list any other state as required. I remember my attorney doing this. But still, I don't think it should matter, at the same time, I am not an attorney.

    Good luck

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  • belmontboy
    09-10 05:55 PM
    Hello gurus,
    I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.

    Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.


    No, unless the withdrawl was in error from your company.

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  • engineer
    11-04 10:36 PM
    sent mails to 100+ WI members for meeting.

    07-27 03:14 PM

    There seems to be a lot of mixed information about F1-OPT and I-485.

    My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.

    Can she apply for OPT?

    I will appreciate if someone can shed light on this.


    02-28 09:35 PM
    Welcome! It's going to be good to have a member who knows how to wield the weapon in your portrait. :P

    Great entry!

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