Wednesday, June 29, 2011

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  • crazyghoda
    06-18 09:37 AM
    If they'd only "fix" the Social Security Card to be more secure, I'm sure you'd reduce much of the illegal employment. the way the SS card is designed right now, anyone could print out as many of these on his home printer.

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  • rameshvaid
    04-03 09:05 PM
    I also mailed the letter but no response from anyone.


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  • msadiqali
    01-07 08:22 PM
    Any help guys?

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  • moonrah
    07-29 09:31 PM
    Again, any help will be appreciated.


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    04-20 03:50 PM
    Thank you guys for your input

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  • royalchallenge
    11-17 04:23 PM
    Just got fired from my company.

    I have concrete reasons to believe that it was an act of retaliation. I have documentary evidence for that.

    I want to sue the company for damages. However, any such legal case must be fought on a pro-bono basis as I do not intend to spend my money on fighting this case.

    If any lawyer is interested in taking up this case, please send me a private message/email with their phone numbers. I will provide further details on the phone.

    Thanks all.


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  • willIWill
    05-18 11:13 AM
    USCIS and Department of State's Bureau of Consular Affairs Co-Host National Immigration Conference in Washington

    WASHINGTON�The U.S. Department of Homeland Security�s U.S. Citizenship & Immigration Services (USCIS) and the U.S. Department of State�s Bureau of Consular Affairs are co-hosting an interagency National Immigration Conference at the U.S. Capitol Visitor Center from May 17-19, 2010.

    Over 200 congressional staffers from across the country will attend the conference to learn more about how USCIS and the U.S. Department of State work together in assisting congressional offices and their constituents. Keynote speakers include USCIS Director Alejandro Mayorkas and Assistant Secretary for the Bureau of Consular Affairs Janice L. Jacobs.

    �Each and every day we work with Members of Congress and our partners in the Department of State to address challenging immigration cases and issues,� said USCIS Director Alejandro Mayorkas. �We deeply appreciate the Congressional offices� participation in this week�s conference, which provides us all with the opportunity to discuss how we can better serve the public.�

    Speakers from USCIS, the Bureau of Consular Affairs, U.S. Immigration & Customs Enforcement, U.S. Customs & Border Protection, and the Federal Bureau of Investigation will speak on a range of topics including immigration systems; citizenship and naturalization, humanitarian parole, intercountry adoptions, international child abductions, emergency assistance for U.S. citizens, and employment based visas.

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  • Blog Feeds
    12-18 09:50 AM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada ( because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision ( and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.

    More... (


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  • sertasheep
    04-03 06:08 PM
    Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).

    Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.

    In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,

    I know this sounds harsh, but thats how it is. Purely my opinion.......


    He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :

    When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?

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  • paddy.
    10-04 06:07 PM
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  • dtekkedil
    07-30 02:18 PM
    Everyone in Massachusetts please join the Massachusetts State Chapter of IV on yahoo groups -

    send an email to -

    We can get together and plan out a way to either carpool or buspool people to the Washington Rally for starters!

    IV needs every bit of support that we can provide. The time is past where we sit by and do nothing! It is time for each and everyone of us to let lawmakers of this country know how we are being exploited... or how each and everyone of us has to keep his\her lives on hold for the dream of a GC!

    Please do not think sit back thinking "Let them do the rallying... I will enjoy the benefit(s)".

    Realize that the rally cannot be a success unless you act and remember that if you do not act, we have little chance of getting the benefit(s). So, shed your fears and insecurities... stand up proud and join us as we try to make this rally a tremendous success!

    MA state chapter forum:
    State chapter Action Items:

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  • sobers
    04-05 09:19 AM
    gc 2010

    this issue has been discussed in-depth before and sorted out.

    edited by personal comments please


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  • reginaldTed
    12-02 06:39 AM
    What kind of awesome university do you go to that assigns Flash+Silverlight combo projects?

    Staffordshire uni, and it really isn't that awesome....

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  • kondur_007
    08-11 08:58 PM
    Yes, it is possible to process your GC through company B while you are working for company A.

    1. You should have "good faith intention" to work for company B permanently once your GC is approved.
    2 Company B should have good faith intention to hire you permanently once GC is approved
    3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).

    Also see my post in the following thread regarding changing employers after GC:

    Good Luck.


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  • akhilmahajan
    09-13 07:33 AM
    Here is an inspirational song by Mavis Staples to motivate the rally goers. The song and the video are moving. But, some might find the video graphic so, please use discretion.

    Good luck on the 18th.

    P.S: I can't go as I have a date with the court.

    100 lawmakers meetings, several lawmakers speaking at IV events, thousands will march: Immigration Voice has arranged for over 100 meetings with lawmakers to request reform of green card program. These meetings will be between IV members and lawmakers.

    In addition to that, several lawmakers are scheduled to speak at rally and related events on 17th and 18th. Thousands of members will march in DC on 18th. This is a cannot-miss event. Bring your cameras and take pictures you can show the naysayers what they will miss.

    what else you guys need to express yourself. This is the best platform you can even think off. Everything is being served to you, you just need to make full use of this oppurtunity. If you still think more should be done, please let us know.

    Help us to help yourself

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  • uma001
    05-28 04:09 PM

    I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.

    Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?

    1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?

    2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?

    It is really tough to get extension for an IT position. consult a lawyer


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  • martinvisalaw
    07-03 12:39 PM
    The clear language of the regulation says that you must be in valid H status when leaving in order to return in that status. Unfortunately, this doesn't apply to your wife.

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  • martinvisalaw
    02-01 01:51 PM
    If your H-1B status started on 10/1/05, then your 6th year is 9/30/11, as you suggest. By 9/2011 your LC will, have been pending for 365 days so you can get a 7th year extension. Maybe the attorney thinks that August 2010 is the end of your 6th year. You should confirm the dates with her/him.

    You cannot request a H-1B extension more than 6 months before the start date. For example, if you want the new H-1B to start on 8/15/10, your employer cannot file before 2/16/10.

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  • same_old_guy
    03-19 05:39 PM
    If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.

    Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.

    Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.

    If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.

    If you are here more that 180 days, you are in serious trouble.

    In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.

    06-13 11:23 PM
    When can we change job? just after filing for 485. Or we have to wait for EAD and then only can change the job?

    01-02 10:09 PM
    Hi sir,

    I have some queries regarding my journey. I just wanted to clarify them. Actually I got visa in Sept,2008 and expires on Sept 2011. I am planning to come in Feb,2011.Will I face any issues regarding my visa at the port of entry, because it expires in 8 months. So I am worried regarding that please clarify my query?

    If I face any issues over there what will be my next step to proceed?Please suggest me.

    Thanks and Regards,

    What type of visa are you planning to enter on? If on H1, you will be required to show proof of employment at the port of entry. If you are coming through a consulting company to work at a Client's site, then there is a possibility that you will also be asked for a Client letter, especially because its been a while since your VISA was issued. Make sure to carry all supporting documents with you to show at the POE, if asked.

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