Saturday, June 25, 2011

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  • go_guy123
    08-23 06:02 PM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

    One needs to have a realistic dream. One needs to verify with facts. Companies often lie
    of golden opportunities of GC sponsorship etc to get people at low rates. Even lawyers
    promise sun and the moon to sign you up but they hide the reality.

    I know companies even lie that project is 6 months and renewable but once you join
    and shift to the new place and then after 2 months they say the project is over. They
    knew all along that the project is for 2 months but they wanted people, so they lie
    that the project is long.

    I know right in 2007, one friend of mine was negotiating a lower salary in return of GC sponsorship. But by 2007, the retrogression was far too apparent. Clearly he was totally ignorant. Even then he joined. Few months back another friend of mine was filing for
    EB3 - India. I informed him about the reality and thankfully he didnt apply and lose
    another 10K.





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  • Nagireddi
    08-10 11:46 AM
    Please stop this insanity and concentrate on good work.





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  • austinsamb
    05-12 09:53 AM
    Some people say this is 6 months, I am not sure and I have been asking on various forums but haven't received a concrete answer yet.

    I travelled out of country last year for few days and got back on November 2008 and my H1 Visa expired on March 2009 (4 months) and I had no problems at the port of entry. I-94 was valid till H1 expiry date. So I dont think the 6 month rule exists but I'm not sure about the 3 month rule. My renewal H1 was also pending approval during my travel.





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  • smuggymba
    03-30 08:34 PM
    To the Admins - I went in to update my PD on the profile, the latest date is oct 2009. Can you please update.



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  • pragir
    06-09 01:08 PM
    His PD is sep 2003 which became current in April.. so it took him just over 2 months to get final approval.


    Congratulations. How long did it take since your PD became current till you got the card production ordered email?.





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  • rockstart
    07-30 07:21 PM
    I think EB2 is easy if you have US Masters. Since you have a 3 year degree you need to prove that it is equivalent to US BS degree



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  • davehoover
    06-27 08:36 AM
    what is the Alien Registration Number (A#) for a person on H4, while submitting 485 forms?.

    Should we use the Alien Registration Number (A#) of the Sponcering applicant as the Alien Registration Number of the spouse in all the 485 related forms(g325a, I485 etc) ?





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  • perm2gc
    07-02 11:21 PM
    Thanks for your replies.

    My original H1 expired last week. And I do have EAD. But need to bring my spouse in few months on H4. So can i use my EAD while H1 MTR is filed. And then go back on H1.

    You cannot use EAD to bring your wife,you need an approved H1.



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  • Pagal
    09-16 03:43 PM
    Hello,

    Congrats! Apart from a nice party and some shopping, celebrate by becoming a donor to IV ... help those who are still behind ...





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  • JunRN
    11-05 04:31 PM
    Can we discuss something about "Follow-to-join" and what it is all about? That is one thing I don't understand.

    Thanks!



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  • ragz4u
    05-31 09:50 AM
    My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.

    I believe their doucmented were in order otherwise. So it is tough to take things for granted.

    I'm sure a good lawyer can work on this. Extension is 100% legal and I don't think any USCIS officer can hold one back for that reason!

    But in any case, this sux big time. The person whose parents were sent back should stand up and take this issue up rather than meekly give in.





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  • johnamit
    07-16 10:27 AM
    see Greg Siskind's blog :
    http://blogs.ilw.com/gregsiskind/

    An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting


    do you know for sure? NO, then please close thread, its just a speculation and title is misleading.



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  • vandanaverdia
    09-11 02:56 PM
    FYI

    "Competing against fast-growing technology companies in India offering jobs with handsome pay raises and quick promotions, Microsoft has to work harder these days to attract and retain the best and brightest Indian engineering talent."

    http://www.canada.com/topics/technol...d08f52&k=30524

    Please join the WA state chapter....





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  • rockrocky
    01-14 10:53 PM
    I have used Hopeforhaiti.com to donate.
    it is truly heart breaking to see the footage of the aftermath. I hope God gives them strength and courage to deal with the situation and the country rebuilds itself.

    ~R



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  • Gravitation
    03-06 02:19 PM
    I say EB3 India will move to Jan 1st 2002.





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  • meridiani.planum
    10-12 08:37 PM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.

    based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).

    In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
    Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.



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  • gcwanter
    07-26 01:35 PM
    It depends on if you filed the application yourself or thru lawyer authorizing them with a G28

    - if thru lawyer they will receive all receipts except EAD cards which comes directly to ur home address. In that case you will be safe because the receipts and EAD cards will be easily spaced out by atleast 6o days.(receipt coming first). So then you can update address with USCIS by phone + AR11 so that EAD comes safely to new address

    - if not thru lawyer then receipts will come to address specified which might be your old address. USPS redirection does not work
    - you can try these things
    - approach postal office and check if you can buy a PO box and deposit all mail coming at old adress there and collect it weekly once.
    Hold mail for next x days (whatever maximum)..and renew it once x expires..

    also clearly check with them if the govt notifications which do not redirect will be held or PO'ed.

    these are just my suggestions. not sure that it will work. but if you try any please post your experiences too





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  • paskal
    11-09 01:16 PM
    I assume that all information provided will be kept private

    all contact info is for internal iv use ONLY!





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  • newuser
    05-31 12:55 PM
    Could you please also fax to all the senators if not faxed already.

    called senators from my state

    contributing $ 50 per month





    tampacoolie
    06-30 05:24 PM
    Nothing make sense here, since USCIS itself preparing for large volume of I485 cases in July. They infact stopped the premium processing effective from July 2nd. So why they have to go back to stone age dates? Moreover, new fee gets effective from July 29 and if anyone files on/after July 29 do not required to shell out AP and EAD renewal fees during endless I-485 approval. If they get everyone filed before july29, then everyone end up with paying AP and EAD renewal fees for next decade. This would generate lots of positive cash flow for USCIS and immigration attorneys. So they must be generating this panic attack to make sure everyone file July first week or second week.

    What a way to make some quick millions here :confused:





    keiryu
    08-20 04:07 PM
    When did you apply the switch from EB3 to EB2? Did you have to go through the entire process of PERM all over again? How long did it take? I'm considering this also.



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