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We can try to make a legitimate point that H1Bs contribution to the economy is huge. Guess what that is why the companies try to hire more H1Bs. But... who is listening?
In the depression years - post 1929. Immigration to the US fell to 10% of what it was in 1929 and remained like that for 10 years. 400,000 Mexican immigrants were forced back to Mexico.
Immigration officers proactively sending back H1Bs is not totally unexpected. I hope and pray that the economy and the job situation improves in the coming months. Otherwise I wonder if there is more to come?

Hi,

vis-a-vis immigration, the burden of proof is on us not on the USCIS, reputed attorney like murthy always suggest to keep copies of I-94s at each stage to show proof of maintenance of status.

Try to collate as much info as possible. Since you have such a long history (H1-B etc) at each step of extension or transfer you must have submitted copies of original H1 documents valid at that time and also passport copies too, go back to those attorney/(s) and request copies form their files. As far as I-20's are concerned you need to talk to your school to get copies.

Thanks,
slowwin

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DISCLAIMER: This not a legal advise. Please consult your attorney.

If I remember correctly, there is information on the paperwork that you receive your card with that states something along the lines of:-

"Please check the information on the card, if any of it is correct please call XXX number / write to us at YYY"

Have you tried that?

We applied in NSC

Thanks psam. Did they say what was the issue and how many days did it take to get the card after the issue was found out?

I took usual 20/25 days. Dont exactly remember.

It is fine.. I am in the same boat..

Right now she is on H4 . So just mention her status as H4.

I would suggest to go ahead and apply for her EAD and AP.



and since we are filing for AP now, i'd mention H4 on AP. is it right?

As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..

Correct me if this is wrong...

Thank you.

Not entirely true..

Some employees of my client company who filed their AOS in june did so without signing a single piece of paper and already got their RNs and FP's done as well.

There are a few things to see if what your lawyer did was correct:

1) Did he ask you to write him/her an email/letter authorizing them to sign on your behalf

2) Your company has your facsimile signatures or signature stamps.

this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.

In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.

https://infopass.uscis.gov/info_en.php,

Select Service on a exisiting request, then last option, i cant remember what was it...

can anyone answer this

Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.



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.

Hello,

If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...

1. Was I in non-pay status while working for VSG?
2. Is my job and location same as in my H-1B labor certification?
3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?

If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.

If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.

Exactly. I was of the same opinion. CNN dumping a pathetic whiny loser like Lou Dobbs might give temporary satisfaction, but it has no positive effect on EB immigration. Plus there are a dozen other idiots who might be ready to replace him as the crazy-in-chief on that stupid talk show. Why even bother?

Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.

Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?
2 things:

1. Yes, you can be an expat, meaning you can still work elsewhere (any branch) in the world while your payroll is still run in US(using H1B for the same company in US) and taxes are paid in US.

2. Having a H1B does not restrict you to work only in US. You can work elsewhere in the world while your H1B is still valid unless the company revokes it for some reason.

Hope this helps.

*Note I am not an expert, I am just sharing the knowledge I have. :D

Hi,
My pay on the employment letter given by my company is 10k more than wat is on my W2's.

My employer said it shld not be a problem as the W2's are for previous years and the employment letter is dated as of this year.

Is this fine or will there be in any problem with this.

Thank you.

1. I hold an Indian passport

2. My H-1B stamp expired and so is my I-94

3. I have a valid I-797 till 2008.

4. I have a Canadian PR and yet to land.

I tried nvars.com and found none in Nov and Decemeber

CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?

how much is 40 credits ...........

Hi, thanks

Point 2 looks doable..

Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1

The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.

I agree with you...B-1 visa abuse by indian MNC's putting pressure on the legit applicants. Looks like its all coming together to haunt. I think you'll have little luck in getting it done considering that you've already spent 3 years on H-1B. They might look at it as you are resorting to B-1 visa to immigrate. Sorry to say this but that's most likely is what they are thinking.

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