Wednesday, September 28, 2011

the funny bone

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Harris at The Funny Bone

11-22 07:42 PM

I got my visa H1B from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.

When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.

VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :

In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.

USCIS has again came back with the same issue of my previous H1 B.

I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.

Please advice me on this, any help fully appreciated.

Thank you again for your anticipated cooperation in this matter.

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Shore at The Funny Bone

10-01 03:02 PM
Thank you so much for ur reply.

yes to all questions.

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01-19 08:58 PM
Does anybody know more?

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08-05 06:24 AM
OK , thanx 4 reply :)

u did not understand me well , i have album in other xml file"example" , i want to incorporated in my draft

how that?


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10-15 03:36 AM
hi everyone

I m an MBA(major:general mba)student in a university in texas. I have an bachelors of engineeing (electrical & electronics)from india. I have found an desi employer who is ready to train me in SAP (FICO)functional and than place me on projects to diffeent companies. Since i m graduating in august 2008 ,At first i have to work for him on OPT and than in apil 2009 my employer will sponcer my h1 visa.

Now my question is....
1) can i work in SAP FICO functional , when i m on my opt?(opt means i have to work in a job directly related to my major field of study and i guess SAP is not related to my field major field of study)

2)will i have problems getting a h1b visa? (since General MBA and SAP are completely different fields )

Any comments or suggestions will be appreciated.

very simple answers
1) Yes
2) No

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Funny Bone - Bloomington

07-31 09:56 PM
why havent you included july filers in the timetable?

or you just want June filers to vote?


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Facebook middot; Digg; twitter. Reno

12-31 04:20 PM
I am thinking of leaving my current employer & joining the primary vendor for the client, wondering if my employer can hold back last month's salary OR how people have handled such situations.

Thanks for your reply.

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10-01 02:40 PM
But mine is not. Applied thru the same lawyer on 3rd july. anyone else whose checks were cleared or seen any activity at all.....


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10-16 02:01 PM
Just wait a few more days and you will receive his I-485 receipt. Some members received online rejection only to find later on that they have been issued a receipt notice.

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03-04 10:00 AM
The sad part about the Brokow's report is that he focused on H1B issue and not the real problem which is the green card issue.

Yes, people come on H1B - however, for those immigrants to put down the roots, it has to happen through green cards and not H1B extensions (neither one of which was mentioned in the report). I am not sure if this is a two part series, but it should be.

IV members should write to MSNBC Nightly News to do a more in depth story on immigration problems of the high skilled immigrants.
NBC Nightly News: Contact us - Nightly News - (


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07-23 11:07 AM
from google I have 2 links. However both are contradictiing

Completing Form ETA 750
AILA: Has the issue been resolved as to how to complete item 10 on Form ETA 750B? As discussed, the item asks for either 10a or 10b to be completed, whichever is appropriate, not both. Please note that Consulate location has not been a required entry since 1990. The reason the question existed was that under the pre-1990 preference system, one could process under a non-preference category with an approved labor certification and no I-140 petition so the question was necessary on the ETA 750. Since 1990, the item should have been marked "N/A". Therefore, we suggest that the item is no longer relevant.

Another one says its mandatory to fill

Can some share there knowledge?


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11-15 11:03 AM
I got this email today for Drew Seman. Helping pro-immigrant initiative would definitely help us. Please support by signing the petition.

Dear Friends,

This week, Tom Tancredo's Presidential Campaign released a new anti-immigration campaign ad, linking "Islamic terrorists" to immigration. The ad received national coverage, with Tancredo making appearances on CNN & Fox News. Here's what the press had to say:

"You can't deny that this is the politics of fear" - Fox News

"New Tancredo ad a sad case of fear-mongering" - Denver Post
"Tancredo ad plays fear card" - USA Today
Tancredo's Presidential Campaign plans to run the ad in Iowa. His demagoguery will not get him votes, but it will spread fear and misinformation that hurts the prospects of reform for all immigrants. That's why we need to make sure his ad doesn't make it to Iowa.

Go to:

We're not going to stop the ad by attacking Tancredo, but we can ask local network affiliates in Iowa not to run it. Sign the petition now at .

After you sign the petition, forward this to your friends & family. We need to get 1,000 signatures on the petition now!

Thank you for all that you're doing,

Drew Seman
Executive Director
Immigrants' List


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Jeff Wheeler
04-01 12:50 AM

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07-10 09:37 PM
you can use OCT 02 EB3, file I-140, after it is approved you can port the Oct 02 PD for the EB2 application too. This way you will be current as soon as I-140 is approved, guaranteeed.

EB2 will never go behing Oct 02.


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09-27 05:02 PM
is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
Has any1 wth the same situation has gone and come back without any issues?
Gurus ur input s greatly appreciated.

Whats your PD? If you are on H1, have a stamping and already have the 485 receipt, the only possible issue with travel is if your 485 gets approved when you are abroad. People have still managed to enter on H1 as PoE officer apparently does not realize about your 485 approval.

If its a recent PD, then no issues, you can travel (Actually my lawyer told me I can travel even without getting the 485 receipt, but thats apparently a bit of a grey area)

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11-23 03:51 PM
Thanks TexDBoy, so the first employer will come to know at 485 stage of all the previous employments which is a voilation of the first employer rules that you should not be working anywhere.


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08-13 06:35 PM
Thanks fromnaija for your suggestion.

Actually forgot to mention that two weeks back there was LUD's on my and my spouse case. But so far no LUD on my kid's case. So I doubt my kid's application has seperated from ours.

Any other comments, guys?

BTW, taking an info pass, is it mandatory that our dates should be current?


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09-05 11:54 AM
Can't change my employer
can't change my job profile
can't change my address

but i know i can change the world

so give me my green card

Whatever? Do you really need a new thread to say this? We already had a thread for this.

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02-25 10:34 PM
Hello - I found this article ( helpful, but am having problems when I publish it on the web server (Windows 2003 IIS) - I get the same message - i.e. The type or namespace name 'SpeechSynthesizer' could not be found (are you missing a using directive or an assembly reference?) on the server in the Event Viewer. Is there special configuration or files required on the server before you can publish the speech to text files? Any help would be appreciated.

u need to install microsft speech sdk ...........

01-08 10:51 AM
You can stay out of the US for up to 6 months with no consequence, as long as the person has a vaild green card and passport. Over 6 months contact with the US consulate is needed and the green card holder can stay out of the country for up to a year. Over a year the green card holder will forfeit their green card and not be allowed to re-enter the country.
The US permanent resident CAN stay out of the country for more than a year if they apply for and are granted a re-entry permit by USCIS prior to leaving the country. However, for a PR to become a citizen, he/she must have 5 years of continuous residency and staying abroad for more than a year will typically break it regardless of whether a re-entry permit is issued/used.

after all there is no departure date stamped in my passport? do the airlines inform INS of passenger departure dates? does INS keep a record of departure dates of green card holders in their computers?

i know that the immigration officer at the port of entry asks "How long have u been outside the US?" In my case it will be one year and one week so can i just say "about a year"

03-22 01:46 PM
I have a valid H4 stamping till Sept 2010. I got my H1B approved last year(2009) and COS from H4 to H1 approved. My H1B was effective October 1, 2009. Due to recession, I still have not been able to find a job. Now I want to change my status back to H4.

As I have a valid H4 stamping on my passport, can I travel across the border to Mexico, surrender my H1B I94 and reenter the US with a new H4 I94? Is that possible? Can that be done on the same day? Or should I apply for a COS - Form I539 and get it done here?

Please respond at the earliest.


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