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glus
12-16 09:09 AM
I have a big problem that I got approved on the H1 Recapture to get back into US on January 15, 09 though my attorney screwed up by putting someone else background into the Petition Letter submitted to USCIS with my application. The petition letter to USCIS is all wrong. It states the wrong education, work experience and job duty. They put somebody else background into mine. They put the correct sponsoring company on the first page of the letter though at the end of the second page they put the wrong sponsoring company. In this case, what should I do and what should I answer at the US Consular in Malaysia to get my H1 Visa? What should I do now? Please advise. Do I have to resubmit the application back to USCIS? Will I get rejected? Please help. Thank you very much.

I work in an immigration law office, so I know the general procedure.

Suggestion: First, inform your attorney of your intent to disclose this mistake with a state Bar and wait how he deals with it. Do not be afraid. This is due process and you have right to do it. Keep all mail receipts for records and copies of all and ANY correspondence with the attorney. Wait how he responds. Normally, your attorney should admit the mistake and straight things up with USCIS on himself.This is because an attorney can loose a license to practice in his state if he does not fix this after you file a complaint with state BAR. If you receive no feedback, you should inform a state BAR about this to protect your self. Then, go to a different attorney's office and try to work with a new attorney to straight things out. This is serious. Contact me via PM if you need more info. thanx.

Remember: USCIS keeps a copy of each thing you send. So, sooner or later this important mistake may surface and cause you trouble. That's why you need to fix this out.
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pappu
11-20 01:23 PM
All pls PM each other and exchange phone numbers and emails so that you can start building your local IV community. Once you have contacted each other, you can start the action items for state chapters.Core members can help you whenever you need help. However we want local members to organize themseves and form a community so that future events can be planned.
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deepakjain
06-18 03:22 PM
Make sure you post all the required document 5 "working days" - If appointment is on monday then your papers should reach by Sat of previous week....

Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....

I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...

Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...

- Deepak
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chanduv23
08-15 08:46 AM
One question on the bullet below: Does the calculation assume that all 140K visa numbers can be used towards all pending applications, irrespective of country limits. I thought the country limit is going to make the situation much worse.

If at all USCIS plan it efficiently - one quarter in an year can be used to allocate numbers to retrogressed countries - I am not 100% sure about this, but this is what happened in the July visa fiasco - DOS wanted to maximize utilization and USCIS screwed it up
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mdcowboy
10-23 12:56 PM
Hi,

I have a question and would really appreciate if some one can provide guidance.

My brother (currently in USA) got his H1B approved and he plans to go to US embassy in Ottawa to get the visa. We know that the H1B visa can take days to get approved due to administrative processing; therefore, he plans to give the interview to the US embassy and then leave for Pakistan.

My question is that in how many days my bro has to go back again to US embassy in Ottawa to collect his visa after the embassy informs him that his visa is back from administrative processing and is ready for stamping.

For example lets say my BRO gives the interview to US embassy on 2nd Dec. and then leaves for Pakistan on 4th Dec (since the actual time of administrative processing is unknown) and now lets say on 15 Dec. the US embassy informs him that his visa is ready and he can come for stamping (collect). So now in how many days my brother has to report to the embassy to get his visa stamp on his passport?

Does any have any idea about it !!!!
Thanks

I thought if you were a first time H1-B filer, you need to go to your country of origin for stamping...correct me if I am wrong.
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user1205
09-05 12:05 PM
From http://www.immigration-law.com/Canada.html

List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow

The list:
Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
Congressman Joe Beca, D-CA
Congressman Ray Lahood, R-CA
Congessman Brian Bilbray, R-CA
Tony Wasilewsi, Small Business Owner, Schiller Park, IL
Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
Rev. Luis Cortes, Jr., President Esperanza USA
Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL

The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.
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srikondoji
07-02 05:45 PM
hemanth22:
I definitely agree that there are many mexicans who are legal here.
However, be it on TV or papers the term mexican is so interwined with illegal that one can't help but continue with that same convention.

Also, in my above post i never said illegal mexians are so....
Again iam not branding everybody here for not following rules. I expected readers to read it has people who overstayed and or sneaked into United states and thus became illegals.
However, i will make sure that i am politically correct in my future posts.
Personally i am not against anybody. My statements may be construed differently by different people and iam not too terribly worried about it.


At the end we want to see a smile on everyone's face.

gemini23:
Thanks for correction dude.




srikondiji,

I agree with your input, all of us have lost money, time and a lot of effort scrambling to get ready to file.

what i feel is that they realized that they will be getting only $1000 * 200 k in july and that they will be getting $2000 * 200k when they make the dates current later on. the difference is huge , now that CIR is dead and they cant raise the $4.5 billion they said for border protection

As to what we have spent on medical reports , tickets , lawyers etc etc, they do not care

But we should stay away from branding any body as not following the rules.
there a lot of mexicans who are here legally and are hard-working.


hemanth
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ramaonline
09-27 09:46 PM
approved i140 only allows h1 extensions for self and h4 extn for spouse. spouse must independently qualify for h1 extension beyond 6 years -pl confirm with an immig attny
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enggr
10-12 08:15 PM
Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.

Thanks

Hi Kmdhar,
Thank you for your reply. My issue is I don't have an approved I-140 as the first one was denied and 2nd one is pending.
Any thoughts on how we get this extension petition approved to the max of my 6 years?
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ca_immigrant
06-15 05:47 PM
Now they have all cases almost pre adjucted and must have entered information into some sort of computer system . can we put pressure to get information based on PD and country of origin so we can idea about wait and also we can show to congress man.

Pre adjucted is so misleading a term.....as someone else pointed out earlier in another thread.....pre adjucted does not necessarily mean you are all set to go, the moment visa becomes available you will be given one without any questions...

when the visa becomes available (10 years down the lane), we will then send out an RFE (if we choose) asking you for employment verification....and a "few" other things -:)

so what is pre adjucted.......:rolleyes:
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bondgoli007
08-01 12:59 PM
Now that H.R 5582 has cleared Judiciary sub - commitee and moves to Judiciary Full Commitee, I think we all need to focus our "Call/Fax" campaign and overwhelm the fence sitters with calls etc .

1. At Full judiciary commitee the list of congressman would be more than 10-15 .Probably 30-40??. Size wise it might be prohibitive.

2 No point in 1000 of us calling Steve Kings ....He will never change his mind . Spare this effort to convince fence sitters instead. No point in calling the one who we know already support either.

This leaves us with plenty of time to repeatedly call the fence sitters and force them to jump our way
Hi chmur,

Yes the Full commitee had 40 members, 23 democrats and 17 Republicans including Congressman Sensenbrenner who is a co sponsor.

http://www.govtrack.us/congress/committee.xpd?id=HSJU

I got a hold of 5 of my friends at work who are in the same GC boat as I and spent 20 mins explaining the whole process and got them to make the calls. Afterwards they were all surprised to notice it took up just 15-20 mins. Now seeing the result they are further motivated to participate in forthcoming action items....maybe this is one way we can get others to participate....

All the best IV!!
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gultie2k
07-02 08:48 PM
Thanks! Will I be out of status immediately? How much time do I have to leave the country?
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adibhatla
06-16 11:59 AM
I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.

If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.

If you really need to check just the status, take an Infopass.

Just my 2 cents.

va_dude

Thanks Dude. I am in a rejection situation (of I485) here and had opened an MTR in December' 08, haven't heard since them from USCIS.

Regards

MA
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gcformeornot
01-22 03:22 PM
Hello,


2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?




Thanks!
Daniel

can apply for your family based green cards only after she is 21 years old.
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nikunj007
03-10 03:09 AM
Has anyone came across a person who filed multiple h1b through different employers and one got selected and other
rejected in lottery? Pls share.
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ngopalak
05-15 07:12 PM
The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.

Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.

So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.

Secondly, GOVT would lose EAD renewal, AP revenue etc.

So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.

====
I disagree...

In the United States, anything is possible...even if we don't have votes, this is a society that is run on money. If we are able to raise enough funds, we can cause many things to happen (like support candidate's for elections that are pro-immigration).

Again this is the "Land of the brave"....
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abracadabra102
11-19 08:18 PM
Chris, Can you change the title. This is actually good news. USCIS is coming out with some real solutions now. It is known quite for some time that USCIS data capturing is so poor, they can not sort and order AOS applications on PD. We know how they issued GCs to 2006 PD ahead of 2002/2003 PDs this august. If this email thing works correctly, we can expect steady movement of cut off dates in future instead of wild jumps back and forth.
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123456mg
02-17 02:41 PM
Oh dear, I am so sorry to hear it. I would like to ask some questions to you: Are you leaving the company on your own or getting laid-off? Cause if you are getting laid-off then you can still maintain good relations with your I-140 sponsor so no problems will occur in future. If oyu are leaving because of some employment concerns and not keeping good relations then I am afraid, you will be forced to use AC21 with H1-B transfer as the only option. Request the new employer to sponsor you for I-140 so that you will continue gettin gH1-B extensions in case your old employer withdraws the I-140 pending application.

I am not an expert and this is just my opinion.
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ilwaiting
06-15 03:30 PM
There actually are four separate types of A#. You can tell them apart by the number of digits and the first digit. The first kind is an eight-digit A#. These are manually assigned at local offices. If you have one of these numbers, simply treated it as if it was "0" plus the number. Nine-digit A#'s that start with the digit 1 are used for employment authorization cards, usually related to students. Nine-digit A#'s that start with the digit 3 are used for fingerprint tracking of V visa applicants. All other nine-digit A#'s (these actually always start with a 0) are permanent A#'s and remain permanently with you for life.

Therefore, the rule is: if you are asked for an A# and have one, always give this A#, regardless of whether it starts with a 0, 1 or 3. If you have both a 0-A# and a 1-A# or a 3-A#, then use the one that starts with a 0.
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villamonte6100
08-10 05:20 PM
Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

My PD was dec 2005. eb3. India.

Thought i would share with you all.:)

When you get approved, does it mean that you have to go for an interview?
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apb
09-05 02:27 PM
This should go to top of queue. BUMPING
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