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  • sanju
    01-23 11:41 AM
    I just found out that I have an employment gap of 11 months working without authorization. I applied for an I-485 in 2007 (I-140 approved) and my paralegal told me I didn't need to renew my H-1 nor apply for EA, I was covered by the pending I-485. Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE??? Would they forgive 11 months of working without permit because of bad advice? I have a 9 year history of keeping my papers legal and up to date until this incident. Please help!

    Did you apply for I-765 (EAD card) along with your I-485 application. If you did, that could be the posible reason why the paralegal recommended you for not applying extension of H1. Try to find out if you have a valid EAD card and that should help to reply the RFE. If not, try to check if you have a valid I-131 (advance parole). Just drive to Canada and fly back in, using AP, and say that you were not even here for last many years ;-) How about that?


    .





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  • gbof
    07-31 10:02 AM
    aa jaa tuj koo pukaraeee tera meeet re...oo meare dil bar...........abb tou aa jaa...ab tou aa ja





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  • Munshi75
    08-08 06:47 PM
    include options for all the people in the EB-3. Are you trying to discrimiate recent applicants? I am one of them with 2006 PD.





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  • CT_Green
    04-08 11:05 AM
    My PD is Oct 09 2003



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  • vsrinir
    09-16 02:43 PM
    I DONT SEE ANY PROBLEMS, AS LONG AS YOU KEEP YOUR AP, LETTER FROM YOUR EMPLOYER AND LAST 3 PAY STUBS AND COPY OF I485,EAD,AC21 COPY IF YOU HAVE ONE




    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas





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  • ski_dude12
    04-01 11:09 PM
    11 years for me... but I have not done anything to cut someone off... just waiting patiently...

    hey zcool be cool man..

    i did 4 years of bs and 2 years of MS in US and this is my 10th year in US..i am not desperate for GC..but living here for too long and standing in the back of the line..just trying to move ahead in the line..common man don't get pissed off..help out here..



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  • LostInGCProcess
    09-06 04:22 PM
    USCIS receives around 7.5 million applications a year and mistakes happen. Cut them some slack here. Bad luck to OP. Contact USCIS and see what happens and please post here after your issue is resolved. Others will benefit from your experience.

    Regardless of the amount of application they receive, they have to provide 'good' service for the amount they charge for each application.

    If we assume the per charge of each application is $100.00 or $200.00

    7.5miilion X $100.00 = $750 million.
    7.5million X $200.00 = $1.5 Billion.

    you have a huge receivable account. And it can be run more efficiently and accurately giving good customer satisfaction.

    I feel sorry for the person who has posted this thread. Cause he may have made lot of planning to travel, book flight tickets etc...and it all has to change...so, there is also a secondary cost involved if one goes thru this kind of 'errors'.





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  • augustus
    05-12 03:13 PM
    His position requires Masters Degree



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  • dharmesh.pariawala
    01-08 02:50 PM
    This gives me hope that atleast this bill will be picked by by March.





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  • sathyaraj
    12-12 12:40 PM
    Do not worry too much about your role change, because when you are using AC21 you need to be in same or similar job as specified in ONET job codes.

    If you are a systems analyst, then you can potential work as a business analyst also. As the job duties for systems analyst includes some of the activities performed by BA. It is the job duties which have more waitage.

    http://www.onetcodeconnector.org/ccreport/15-1051.00

    If you refer the link above, all software jobs (except Management) starts with 15.XXXX as job code. So long as you stay with that you are fine.



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  • misholiver
    12-17 11:16 AM
    did you ever got a receipt notice?

    ps. I am in the same boat and getting very nervous now.





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  • senk1s
    02-24 03:04 PM
    I have e-filed along with spouse new SSN#..no issues...

    When we sent cancel letter for ITIN,got a reply confirmation from IRS saying you can now use ssn# for tax filing purposes....


    HTH,

    webm: After how long (approx) did you receive the confirmation letter - we sent it out about 2 months ago



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  • gmpa
    04-30 03:47 PM
    I-140, TSC
    EB-3 regular
    Received date: 12/12/2006
    Notice date: 12/27/06
    Status: Pending





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  • nozerd
    01-28 07:25 PM
    Yes, same thing happened to me also. My nephew who applied got OCI but when I applied for my daughter the application was rejected and sent back. I then got PIO.
    Per the rules to get OCI at least 1 of the parents nationality has to be non Indian. The logic is that if both parents are Indians even if kid is born in US and travels on US passport as kid they have until the age of 18 to choose.



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  • gc28262
    07-31 07:42 AM
    This company is on the wrong side of the law. Please read H1B laws from DOL(Department of Labor) site.

    Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)

    Employee Rights
    H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.

    U.S. workers and job applicants may also have certain rights under the H-1B programs. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. In addition, an H-1B dependent employer or willful violator must offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B alien worker. The U.S. Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.

    No employer of H-1B, H-1B1, or E-3 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B, H-1B1, or E-3 provisions or for cooperating in an official investigation of the employer's compliance.

    U.S. workers and H-1B/H-1B1/E-3 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.

    Complaints about non-compliance with H-1B/H-1B1/E-3 labor standards may be filed with a local Wage and Hour Division office.
    U.S. Department of Labor — Wage and Hour Division (WHD) — District Office Locations (http://www.dol.gov/whd/america2.htm)

    If you want to complain about this employer, fill in WH4 (http://docs.google.com/viewer?url=http://www.dol.gov/whd/forms/wh-4.pdf)form and send it to one of the following offices
    Northern New Jersey District Office
    US Dept. of Labor
    Wage & Hour Division
    200 Sheffield Street, Room 102
    Mountainside, NJ 07092
    Phone:
    (908) 317-8611
    1-866-4-USWAGE
    (1-866-487-9243)
    Joseph Petrecca
    District Director

    Southern New Jersey District Office
    US Dept. of Labor
    Wage & Hour Division
    3131 Princeton Pike, Bldg. 5, Rm. 216
    Lawrenceville, NJ 08648
    Phone:
    (609) 538-8310
    1-866-4-USWAGE
    (1-866-487-9243)
    Pat Reilly
    District Director

    Also let your friends know that it is illegal for the employer to ask money for H1B processing and also making you sign a bond.





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  • chanduv23
    12-11 06:49 AM
    ^^^^^^^^^^



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  • abq_gc
    08-20 08:07 PM
    we have to make USCIS more transparent and effective...





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  • days_go_by
    09-11 10:59 AM
    After reading this, I was not sure whether that 140K included the Labour backlogs. I know the BECs have been a lot more active lately and have been pumping out approvals/denials more rapidly.
    If infact 140K backlogs do include them, then perhaps that would be a good thing, since atleast then we can perhaps begin to get our arms around this and understand how long our waits will actually be.
    One thing is for sure they have definitely stepped up the speed of things at the USCIS with other filings after retrogression hit.
    -----------

    This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.





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  • alex77
    10-07 04:55 PM
    Folks, Please let me know if anyone knows where to send G-28 form if one wants to revoke attorney and be one's own representative?





    sundevil
    06-08 11:59 AM
    Some Indian Americans with GC and Citizenships are not sympathetic to our cause. They would rather this thing get worse. I have a neighbor who thinks we already have our GC(for various reasons we did not tell them about our plight). I heard him rant about how happy he was that they did not include any thing good for backlogged people in the new bill and how great it would be in the Merit system when there will be no spill overs to India to reduce backlogs and get rid of all the "idiots"(his words) coming over these days from India. It is utterly deplorable, I don't plan to socialize with these selfish people anymore. I hope this is an aberration and not a general opinion of our fellow immigrants.


    Indian-American have never supported anything, especially if it's related to immigration. Because, for them once they get their GC or Citizenship they are done! They don't support anyone or stand for anything, it's just the way things are with us.





    chanduv23
    12-09 10:18 PM
    ^^^^



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