Friday, June 10, 2011

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  • insbaby
    02-25 04:23 PM
    ** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B

    ** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1

    ** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140

    ** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485

    Add many more, there are 101 ways to torture a non-immigrant.





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  • singhsa3
    01-23 09:35 PM
    Just a freindly reminder that we are still on for Saturday.





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  • ItIsNotFunny
    09-23 09:10 AM
    I don't get it - where are the rest of the 2468 members?

    Can we send out a blast (through Pappu) to everyone on this forum?

    Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!

    North East guys, please keep doing now!





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  • Dhundhun
    07-09 09:03 PM
    I did self filing of EAD and AP and sent the docs using USPS express mail. When I checked the status this is what I found

    "Status: Notice Left

    We attempted to deliver your item at 10:59 AM on July 9, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later"

    So if nobody picks it up after the second delivery they will send it back - Was it a mistake to send by express mail?

    Thoughts???

    This may be due to Signature Confirmation, Return Receipts, etc. to P.O. Box. They will try to deliver couple of times. Not yet heard mail being returned from USCIS address.

    I prefer Delivery Confirmation in case of P.O. Box Addresses.



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  • gc_relief
    04-27 02:22 PM
    Hi Gurus
    I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
    other options left for me?

    Applied for H-1 extenstion Feb'5 2009
    RFE Date - Mar' 12 2009
    Denial Date - Apr'24 2009

    I797 Expiry - March'31 2009





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  • validIV
    04-27 03:12 PM
    Guys..I'm sorry ..I'm mixing up things,,Here are the accurate details..

    Labour Priority date is Nov'20 2007
    My I-140 receipt date is Feb'20 2008..
    My I-140 Approve date is Sep'24 2008

    My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..

    Don't see any reason why you would be denied. You will have to wait for the denial letter.



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  • ars01
    01-19 08:52 AM
    Filed I-140 in October 2006 in EB3 category.





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  • anilvt
    08-28 05:20 PM
    got 2yr ead ...140 approved in 2006 ...i am current now ...

    i don't know why they issued 2 yr ead ...but i don't have waste money on lawyers for next 2 yrs

    there is no rule which they follow ....

    i remember old saying rules and promises are meant to be broken ...

    well crazy world and crazy us



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  • ganguteli
    03-22 01:13 AM
    Your experience in current job may not add up as experience.

    But do not go by that. What is the requirement of the job for which labor will be filed?





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  • Tantra
    07-12 02:02 PM
    There are over 1300 guests and our strength is (sadly) in our numbers. How beautiful would it be to see reduction in this number of people in different types of limbo in their life, but that would require a concerted voice of legal immigrants to cause any ripple anywhere.

    Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.



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  • MYGC2008
    07-19 09:17 AM
    07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available

    As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.





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  • upuaut
    11-02 03:41 AM
    One could also EASILY put links in a picture via Flash. :)

    Fireworks is good too.



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  • factoryman
    02-09 07:21 PM
    Congressmen from hi-tech SF and CA.

    Rep. Lofgren (D - CA) : 16th District - San Jose

    Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz

    Rep. Pelosi (D - CA) : 8th District - San Francisco and north

    That is why they may be using this tactic to bring pressure from hospitals from that area. Anyone from here spoke or wrote to these congressmen, that I posted in the other thread (http://immigrationvoice.org/forum/showpost.php?p=47625&postcount=1) at IV.





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  • titu1972
    07-23 12:56 PM
    Lincon, NE
    Delivery Date Jul 2,2007 10:25



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  • logiclife
    08-21 06:07 PM
    Some people have said that employers will never agree to employee hiring their own lawyers if they are already having a company retained lawyer that they are using for all employees.

    While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.

    For this, there are 2 solutions:

    1. If you are already with this employer:

    If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.

    You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.

    2. If you plan on joining an untrustworthy employer in future:

    When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.





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  • Green.Tech
    08-03 12:10 PM
    Lisap - The GC approval will depend on your Priority Date. The more recent your PD, the longer it can take for GC. In any case, I think it's a safe option to get your H-1 extended unless you want to take the risk to wait for your EAD.



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  • gauravster
    01-16 01:41 PM
    Guys, looks like a lot of people are voting against H1B visas as well. I think since most of us are here on these visas, we should support these visas as well.

    Even if we are able to get green cards, it is important that we strive to keep this place the best atleast in our lifetime. On that ground, it is important that we understand and stand up to the H1B visa provision which gets the best people in the world to this counrty and also make sure that they stay here.

    I felt bad that even some people who are here (or atleast claim to be) on H1B seem to suggest on change.gov that the visa is not good for jobs here. Can we expect this country to be able to produce cmopanies like Google, Yahoo, Sun and numerous others if we are not able to atract talent.

    On this note I would also like to add one insight that we had once we were discussing in office. My boss's contention was that if you are paid half the money as you are here, would you go back to India. A discussion ensued and we both concluded that the thing that keeps this country in the forefront of technology is that it attarcts the best people from all around. Be it Indian, chinese, European, Arab, African. It would be difficult to find an environment so geared to be able to get the best brains and keep them there. India/China is also growing, but unless they are able to attract talent like US, it would be difficult for them to match atleast in technology (which also ties down to higher per capita GDP).





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  • rkp27
    06-18 03:27 PM
    One of my father's friend didnt visited india for last 25 years... Nothing wrong with that..





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  • Dhundhun
    06-11 07:03 PM
    Hello,

    I called USCIS Boston Field office today ( 800 # on the FP Notices ) and the Customer Service Rep told me that If we have already given finger prints then we can ignore the second FP notices. But she did not ask for any of our A# or Receipt #. I asked her to pull out my record based on 485 receipt # and verify if the finger prints we gave earlier are correct and we do not have to worry about the second finger prints notices. She said she cannot do that.

    SO, I got Infopass appointment for tomorrow. If at all, the officer says tomorrow that I do not have to worry about the second FP notices then what should I do ???

    1) Do they send any kind of letter in mail saying I should ignore the second set of FP notices. ( OR )

    2) Should I ask for any thing in writing saying that we are good with the finger prints we already gave and do not have to worry about the new notices (OR)

    3) Do they put any stamps and write on our new FP original notices saying Finger Prints not required for the second time.


    Thank you for letting me know.

    If they can endorse in any form on your notice (or other wise give any paper), it will be good for future. Otherwise I have heard that they just tend to say that ignore notice.

    In any case keep the record of your visit.

    Please update us.





    days_go_by
    08-04 07:20 AM
    from immigration-law.com
    08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?

    * The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
    * For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
    * The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.





    nkavjs
    11-09 09:15 PM
    [QUOTE=tinuverma;193745]Hello guys,
    Firstly happy diwali to everyone at IV
    Quick background:
    H1-B valid till jan-2010
    Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
    All checks encashed on oct 17th 2007
    Received fingure printing notice on Nov 6th for both - wife and I
    Received EAD for both nov 8th.
    I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
    Now here is my question:
    my priority date is sept 2005. With the dates above, when is it safest to change jobs?
    -- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.

    Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
    -- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.

    When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
    -- If you receive AP, its ok to travel if your passport is not with H1 stamping.
    Once you get back, you will be stamped as parollee.

    Why is it not safe to travel while on EAD and yet to have the GC in hand?
    -EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.

    Last and most imp, is there any on when I can hope to get the actual green card?
    -- Dont know the answer.. Its like a lottery.



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