krishmunn
02-19 12:46 PM
As discussed above with cyrus mehta's blog: This is all discretionary:
My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".
Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".
Good Luck.
Excellent definitiion. and yes that is the difference between a good lawyer and a bad lawyer. Most of immigration related work (GC, H1) is filling forms which even a layman can do, except when it comes to "discretionary" stuff -- that is the acid test for lawyers
My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".
Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".
Good Luck.
Excellent definitiion. and yes that is the difference between a good lawyer and a bad lawyer. Most of immigration related work (GC, H1) is filling forms which even a layman can do, except when it comes to "discretionary" stuff -- that is the acid test for lawyers
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Ruth B
02-19 11:30 AM
I need your help. I am currently under "adjustment of status" through employment but I have not received my green card yet. I already received EAD and advance parole last December/07. I left my studies at the college since then. I am not in F1 status anymore.
I have D/S on my I-94. I am wondering, what would I need to do if my F1 visa stamp expired on July 13/2000? I am planning to travel to my native country for the first time since I got here in 1999. I have remained in legal status during all this time by taking classes at the college. Do I need to get a visa stamp at the embassy back home?
Can I travel while my green card is pending? I�m just trying to make sure I�m doing the right thing here. I don�t want to make a mistake that will affect the outcome of my green card, not to mention my safe return to the U.S. Thanks in advance for your help.
I have D/S on my I-94. I am wondering, what would I need to do if my F1 visa stamp expired on July 13/2000? I am planning to travel to my native country for the first time since I got here in 1999. I have remained in legal status during all this time by taking classes at the college. Do I need to get a visa stamp at the embassy back home?
Can I travel while my green card is pending? I�m just trying to make sure I�m doing the right thing here. I don�t want to make a mistake that will affect the outcome of my green card, not to mention my safe return to the U.S. Thanks in advance for your help.
mariner5555
05-07 01:41 PM
Forget to mention that you can port to self-employment :)
are you sure of this ..if yes, then how does one do that ..do you need to show you can make the salary mentioned on your own ??
are you sure of this ..if yes, then how does one do that ..do you need to show you can make the salary mentioned on your own ??
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gccovet
08-22 03:09 PM
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
The firm is trying to milk you. looks like better switch the lawyer, appears to be greedy.
my 2 cents...
GCCovet
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
The firm is trying to milk you. looks like better switch the lawyer, appears to be greedy.
my 2 cents...
GCCovet
more...
iptel
04-18 01:13 AM
From the text I can derive two conclusion either it is directed to undocumented worker or everyone is put in same basket nothing specific about our cause. Apu dont get me wrong I apprerciate your initiative but it should not happen we sign to support Kennedy he comes out as hero for Latino community (did I forget to mention political gain) and we remain where we are and watch those illegals immigrant become US citizen.
Ouch ! thats pretty painful.
Infact I think the letter from his campaign representative is a way to get to the heart of our cause. We will sign once there is assurance in writing that it includes H1s.
I am sorry but with all due respect to Sen Kennedy he could address the rally of bunch of illegals waiving Mexican Flag and demanding their "RIGHTS" in Spanish. We have sent faxes in English to Senetor Kennedy requesting to support Bill that will provide relief to Legal immigrant communites but still nothing specific to our cause.
All the support we got till now are mostly from Republicans so we should abstain from supporting that is anti-republican.. More over we do not want to get caught in the crossfire between Dems and Repb.
FOLKS ONE MORE THING BEFORE WE SIGN "ANY" PETITION WE CONSULT OTHER MEMBER OF THE GROUP.
One of the purpose of IV is to make united effort to reach the shore for the people travelling in same boat
Ouch ! thats pretty painful.
Infact I think the letter from his campaign representative is a way to get to the heart of our cause. We will sign once there is assurance in writing that it includes H1s.
I am sorry but with all due respect to Sen Kennedy he could address the rally of bunch of illegals waiving Mexican Flag and demanding their "RIGHTS" in Spanish. We have sent faxes in English to Senetor Kennedy requesting to support Bill that will provide relief to Legal immigrant communites but still nothing specific to our cause.
All the support we got till now are mostly from Republicans so we should abstain from supporting that is anti-republican.. More over we do not want to get caught in the crossfire between Dems and Repb.
FOLKS ONE MORE THING BEFORE WE SIGN "ANY" PETITION WE CONSULT OTHER MEMBER OF THE GROUP.
One of the purpose of IV is to make united effort to reach the shore for the people travelling in same boat
sandy_anand
11-06 04:38 PM
I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
Thanks for posting this information! Gave you green!:D
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
Thanks for posting this information! Gave you green!:D
more...
arunmohan
11-21 01:42 PM
Sent.
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HRPRO
04-13 01:47 PM
I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
more...
like_watching_paint_dry
08-23 11:04 AM
All that has changed lately. Quite a few people have gotten off easy some years ago but NSC and even other service centers has been enforcing EB2 requirements without mercy these days. A lot of those 3 year degree types are getting I-140 denials, especially those who got greedy and applied in EB2. I've even read about a few cases of denials in EB3 for these people. So dont worry too much about those kinds of people eating our lunch going forward. They will most likely be looking for good deals on their return tickets.
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akhilmahajan
10-27 09:28 AM
New England Chapter Meeting 10/28/07(Sunday) @3:00 PM at Food Court, Burlington Mall, Burlington, MA
San Jose was the beginning.........................
July 2nd was the next step..........................
Washington DC was a bang..........................
Now lets get together for the supernova........
Date:- October 28th, 2007 (Sunday)
Time:- 3:00 PM
Location : Food Court, Burlington Mall, Burlington, MA
Agenda
1. IV awareness campaign
2. Our experiences at the DC rally and lobby day efforts
3. Is lawmaker meetings really that important? Does it make a difference?
4. How can you help IV activities? Distributing Flyers, emails, etc..
Please spread the message about this meet among your friends.
If you or your friends haven't joined the New England Chapter, please join the state chapter at http://groups.yahoo.com/group/MA_Immigration_Voice/
If you have any questions please let me know.
GO IV GO.
TOHGETHER WE CAN
San Jose was the beginning.........................
July 2nd was the next step..........................
Washington DC was a bang..........................
Now lets get together for the supernova........
Date:- October 28th, 2007 (Sunday)
Time:- 3:00 PM
Location : Food Court, Burlington Mall, Burlington, MA
Agenda
1. IV awareness campaign
2. Our experiences at the DC rally and lobby day efforts
3. Is lawmaker meetings really that important? Does it make a difference?
4. How can you help IV activities? Distributing Flyers, emails, etc..
Please spread the message about this meet among your friends.
If you or your friends haven't joined the New England Chapter, please join the state chapter at http://groups.yahoo.com/group/MA_Immigration_Voice/
If you have any questions please let me know.
GO IV GO.
TOHGETHER WE CAN
more...
fide_champ
08-04 07:05 PM
Hi , Thanks again for the reply.
Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..
well, i realistically see two options here:
1. Get your family here ASAP and apply COS for all. If your COS gets approved, most likely theirs will get approved as well. You can do yours in premium and theirs by regular. As long as they get the receipt within 2 months, they'll be in status.
2. You can apply COS for yourself in premium and ask your family to stamp H4. If they get stuck in 221g, then it could be months before they get here. That's the downside.
Your L1 visa stays if your COS gets rejected, so you don't have to leave immediately.
Related to Point 3 ,reason why im trying to this is to avoid all of us leaving country due to non approval of my COS, I dont have luxury to stay on L1 beyond next 2 months..
well, i realistically see two options here:
1. Get your family here ASAP and apply COS for all. If your COS gets approved, most likely theirs will get approved as well. You can do yours in premium and theirs by regular. As long as they get the receipt within 2 months, they'll be in status.
2. You can apply COS for yourself in premium and ask your family to stamp H4. If they get stuck in 221g, then it could be months before they get here. That's the downside.
Your L1 visa stays if your COS gets rejected, so you don't have to leave immediately.
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shana04
07-22 12:01 AM
http://infopass.uscis.gov/ .Please follow the instructions on the screen. Choose "You need information or other services " option.
Wish you all the best.
Dear Friend,
Thanks for the info, please let me know if you have taken info pass for your self and your dependent.
If yes, please let me know the process.
Any one who has taken info pass for both(your self and your dependent) please advice
Thanks,
shana
Wish you all the best.
Dear Friend,
Thanks for the info, please let me know if you have taken info pass for your self and your dependent.
If yes, please let me know the process.
Any one who has taken info pass for both(your self and your dependent) please advice
Thanks,
shana
more...
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srikanthmavurapu
08-16 02:51 PM
As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.
I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.
I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.
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dixie
08-26 12:37 AM
Dude it is pretty clear you dont belong here. If you joined a body-shop that replaced americans with cheap bodies then your employer violated the law and you were a willing accomplice. You are no better than an illegal alien. No wonder you are so scared of being replaced by yet another cheap body ! IV does not represent people like you.
Now get the hell out of here.
I hope you all boycot the work and do a rally. That will help those Americans replaced by you, to finally get their job back. Or even better that will help the millions of tech workers in India, who wants to get your job, a chance. So go for it.
Now get the hell out of here.
I hope you all boycot the work and do a rally. That will help those Americans replaced by you, to finally get their job back. Or even better that will help the millions of tech workers in India, who wants to get your job, a chance. So go for it.
more...
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Winner
04-08 04:18 PM
All i am asking is the media they know and number of users. I dont know what you talking about.
Ok, how do we contact the state representative. Through the county representative, then the city, then street?
There are a few more things in this site apart from forums. I would recommend to spend some time learning more about the group, its activities, state chapters etc.
Also, did you know we have some action items? and did you notice some people donate time and money?
Ok, how do we contact the state representative. Through the county representative, then the city, then street?
There are a few more things in this site apart from forums. I would recommend to spend some time learning more about the group, its activities, state chapters etc.
Also, did you know we have some action items? and did you notice some people donate time and money?
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reddymjm
05-01 10:01 AM
I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Take a paid consultation with Murthy.com if you can ask for Murthy only.
Good Luck.
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Take a paid consultation with Murthy.com if you can ask for Murthy only.
Good Luck.
more...
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fide_champ
08-04 05:41 PM
Please see my answers inside:
I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave
Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
!
I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
Ans: You cannot work for new employer while COS is in progress. You can do that during H1 transfer but not during COS from L1-H1.
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
Ans: COS is eligible for premium processing. If your client is waiting, better go for premium processing as getting a client is more harder these days than getting a visa.
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave
Ans:It's better to get your family here first and then apply for COS. If you change your status to H1, then your family will have to get H4 stamped before they can enter USA. That can be a problem sometimes if your company is not a well established one. They could avoid the H4 stamping and the hassles that comes with it(221g processing).
!
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nozerd
01-15 11:02 AM
If you are not that serious about Canada and are cool with being rejected dont take the test. If they were ok with passing you anyways they wouldnt have specifically asked you to take it.
IELTS is more widely accepted and has more centers in the US than the other test.
IELTS is more widely accepted and has more centers in the US than the other test.
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Sath thesmilingstar
02-25 08:10 PM
I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..
so does this mean that i cannot apply with my is i-140 pending..??
so does this mean that i cannot apply with my is i-140 pending..??
gesfox
03-26 09:51 PM
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lord_labaku
04-14 12:43 AM
Your friend is capable of a lot; but incapable of asking his own questions !!! Not being cynical or rubbing salt on a wound....but whats the harm in claiming that its your own problem instead of a 3rd persons.?
Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.
Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.
Good luck - to your friend.
Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.
Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.
Good luck - to your friend.
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