unitednations
08-24 09:28 PM
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
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pappu
12-11 10:41 AM
I am a physician working in underserved areas in MN. I am greatly appreciated
in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.
I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.
I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.
pls post your note on the Mn local state chapter thread and get in touch with other members.
we have several physicians as IV members. We do want to bring in several more. Help IV by getting morefrom your profession. thanks
in my community. I regularly get invited to Christmas parties by local congressmen. I never attend those due to my family obligations. However, this year I will attend and educate my congressmen as much as I can.
I am sure there are lot of physicians, like me affected by retrogression. Eventhough we live in remote areas, we can do whtever we can.
I am also willing to join in MN local chapter of IV. Any MN members kindly send me PM.
pls post your note on the Mn local state chapter thread and get in touch with other members.
we have several physicians as IV members. We do want to bring in several more. Help IV by getting morefrom your profession. thanks
akkakarla
10-08 04:54 PM
Nobody is opposing it..it should be based on years of exp in US..I applied mine in 2001 and got laid off and now I have a priority date of jan 2007..is that FAIR?
So you are laid off so what is the big deal? You should be able to negotiate somehow or escape layoffs by doing something or the other. There are people in my company who survived 6 layoffs. Your layoff is your problem and nothing is fair in the globalization.
So you are laid off so what is the big deal? You should be able to negotiate somehow or escape layoffs by doing something or the other. There are people in my company who survived 6 layoffs. Your layoff is your problem and nothing is fair in the globalization.
2011 How to Train Your Dragon
gsc999
07-06 04:19 PM
I had sent an e-mail to the Chinese web site that posted this earlier. Didn't receive a response.
Thanks for posting, I will be there to represent IV.
Thanks for posting, I will be there to represent IV.
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apt29
01-30 01:14 PM
Might have something to do with completely incorrect coment you left regarding 1 yr validity of h1 and all.. it's so not true that probably angered a few members with low BS tolerence
I guess this statement is true.
for example: If there is H1 to H4 conversion on 11/01/07. Last used date of H1 is 11/01/07 and H1 will expire on 11/01/08 since it is unused for an year.
Another example: If H1 is approved on 10/01/07 and not used till 11/01/08. H1 will expire on 11/01/08 since it is unused for an year.
I guess this statement is true.
for example: If there is H1 to H4 conversion on 11/01/07. Last used date of H1 is 11/01/07 and H1 will expire on 11/01/08 since it is unused for an year.
Another example: If H1 is approved on 10/01/07 and not used till 11/01/08. H1 will expire on 11/01/08 since it is unused for an year.
unitednations
03-08 04:21 PM
I came on extension. I think they are more critical about the companies with whom you are working for. All my friends with extended their visa with no problems. I it is very hard to conclude on this. But scares every one if we keep saying they can not extend their visa.
Be prepared with good documentation and you should be fine.
Following is an e-mail I received from a person on L-1 with IBM.
Adding to my conversation with you, its unfortunate that my L1 extension has just got denied this week. I was going to leave this company anyways but this makes the COS difficult. My case took unusually long and now finally i have the denial notice as per USCIS website. My company has not yet received the papers, but once they do i may have to go back to India for converting my status. I think cannot go to Mexico or Canada as my I-94 has expired.
In the meantime i am following a lead i have for a project in Atlanta. Nothing sure but i will let you know if it culminates to something.
I was also informed that there is a new rule in place which does not allow people to go to Mexico or Canada for H1 stamping if they have entered US on a different visa . People are being sent back to home country for stamping.
What do you suggest i do? Shall i get H4 stamped in India or shall i go for H1 stamping. I will still have at least a month's grace period and if things don't work out after i come back, i will then convert to H4 then.
Looking forward to hearing from you soon.
Be prepared with good documentation and you should be fine.
Following is an e-mail I received from a person on L-1 with IBM.
Adding to my conversation with you, its unfortunate that my L1 extension has just got denied this week. I was going to leave this company anyways but this makes the COS difficult. My case took unusually long and now finally i have the denial notice as per USCIS website. My company has not yet received the papers, but once they do i may have to go back to India for converting my status. I think cannot go to Mexico or Canada as my I-94 has expired.
In the meantime i am following a lead i have for a project in Atlanta. Nothing sure but i will let you know if it culminates to something.
I was also informed that there is a new rule in place which does not allow people to go to Mexico or Canada for H1 stamping if they have entered US on a different visa . People are being sent back to home country for stamping.
What do you suggest i do? Shall i get H4 stamped in India or shall i go for H1 stamping. I will still have at least a month's grace period and if things don't work out after i come back, i will then convert to H4 then.
Looking forward to hearing from you soon.
more...
go_guy123
12-18 06:54 PM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
I also came in 1999. I have lost hope and moved to Canada. Soon it will
10 years since the last EB reform was passed in 2000
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
I also came in 1999. I have lost hope and moved to Canada. Soon it will
10 years since the last EB reform was passed in 2000
2010 How to Train your Dragon
feedfront
08-27 12:40 PM
The filing date on SR is manually entered by the person opening the SR. It has got nothing to do with your real filing date. All that matters on the SR is your A#.
I saw in reply letter, it's written A# not available. Looks like that lady did not send A# in SR. Anyway, I've contacted senator for help :cool:
I saw in reply letter, it's written A# not available. Looks like that lady did not send A# in SR. Anyway, I've contacted senator for help :cool:
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rajuseattle
08-15 03:46 PM
My I-140 applied on july 13 2007 at NSC Transferred to TSC on 07/23/2007.
I-485/EAD/AP applied for me and my wife on 08/07/2007 at NSC per USCIS current filing instructions based on area where we live.
LUD 08/12/2007 on I-140.
---------------------------------
EB-3 (India) June 2003
LC (RIR) AD - 05/11/2007
I-140 (NSC) - 07/13/2007 --Transferred to TSC 07/23/2007
I-485/EAD/AP - 08/07/2007 - No receipt
I-485/EAD/AP applied for me and my wife on 08/07/2007 at NSC per USCIS current filing instructions based on area where we live.
LUD 08/12/2007 on I-140.
---------------------------------
EB-3 (India) June 2003
LC (RIR) AD - 05/11/2007
I-140 (NSC) - 07/13/2007 --Transferred to TSC 07/23/2007
I-485/EAD/AP - 08/07/2007 - No receipt
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rcr_bulk
09-10 10:32 AM
I am pretty for EB3 folks. This is really not fare to those genuine guys (not substitute ones) waiting more than 7 years. I am know few friends applied with me in EB3 have lost green card hope. They are eligible for EB2 when applying but only reason that stopped them is their company don't want them to apply in EB2 category. Praying god is the only thing I can do for them..
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Hello_Hello
02-08 04:17 PM
I love my country and want to go back, but it is in the hands of rapists and looters and I suspect it will remain that way...either I become a Gandhi and spend my life liberating it, or live year with my eyes & ears closed...But you watch Indian TV and see him everyday? :D
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
Why are you attached to India when you hate it? You want to get Green Card in USA and live here permanently. So should you not learn more about this country and culture. You cannot live in USA but think about India all the time and hate it too.
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breddy2000
01-30 07:51 PM
Guys,
as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.
being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).
I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.
I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
that is life :D
Looks like the world we are living in does not care about conventional wisdom any more....
--- Conventional wisdom says, if you are talented and hard working you will be rewarded. This does not matter to EB Folks as there is per country limit.
--- Conventional wisdom says, if you found a good company to invest in, you are sure to make profits . This does not matter in the current Wall Street and economic environment.
--- Conventional wisdom says, if you have good education from top US university you are most probably gonna get good job. However this does not matter as long as there are desi Consultants who exploit the system.
--- Conventional wisdom says, if you work hard and smart enough you are bound to get promoted. This does not matter to EB Folks as there is retrogression to make you do the same job until you get frustrated.
--- Conventional wisdom says, if you have good bank balance you can get richer. This does not matter as you try to multiply your savings by investing in a House / Stock Market you lose all you saved to foreclosure or to wall street goons.
--- Conventional wisdom says, being ethical and honest is the best policy. This does not matter as someone else gets the job you applied for with their cooked up resume.
And the list goes on and on every front in your life.......and whom do we we blame, but the system that encourages this bad behaviour....
as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.
being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).
I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.
I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
that is life :D
Looks like the world we are living in does not care about conventional wisdom any more....
--- Conventional wisdom says, if you are talented and hard working you will be rewarded. This does not matter to EB Folks as there is per country limit.
--- Conventional wisdom says, if you found a good company to invest in, you are sure to make profits . This does not matter in the current Wall Street and economic environment.
--- Conventional wisdom says, if you have good education from top US university you are most probably gonna get good job. However this does not matter as long as there are desi Consultants who exploit the system.
--- Conventional wisdom says, if you work hard and smart enough you are bound to get promoted. This does not matter to EB Folks as there is retrogression to make you do the same job until you get frustrated.
--- Conventional wisdom says, if you have good bank balance you can get richer. This does not matter as you try to multiply your savings by investing in a House / Stock Market you lose all you saved to foreclosure or to wall street goons.
--- Conventional wisdom says, being ethical and honest is the best policy. This does not matter as someone else gets the job you applied for with their cooked up resume.
And the list goes on and on every front in your life.......and whom do we we blame, but the system that encourages this bad behaviour....
more...
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aquarianf
04-24 11:18 AM
Guys one more perspective:
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.
1) Employers are not in the business of litigations. Their business is to run the company. If you or the employers are talking lawsuits then one of you have crossed a red line. It is just that. No sensible person goes to the court knowing he has done wrong. I doubt an employer wants lawsuits. Just like you feel threatened by lawsuits, your employer also feels threatened by lawsuits.
2) Surabhi - nothing personal, but your post reflect how the ideal world should be. However world is not your way always.
3) I agree with acquarian, that it is very stressful if employer threatens to sue you. Also attorneys will charge you $200/ per hr. If someone is saying that attorneys recover money later etc, I say chill. Most attorneys would not do that. They like hourly rates. Its very difficuilt to find an attorney for free unless your case is slam dunk.
Why I suggested he apologize? Be humble. I did not say admit your mistake. I just said aplogize for employers grievance. If two simple words "I apologize" can get your job done, why waste time in attorneys court, etc?
Based on my past experience, I am telling you, you never know when you will need a past employer. You will not need your past client, I have been at atleast 10 client sites, I never needed a past client for something, but I always had to go back to my employers for something. They are like ex GFs or ex spouses and leaving a job is like divorce.
Where you will need your employer? When USCIS sends you an RFE to prove employment experience with XXX company. There is nothing in the law that forces employers to give you an experience letter unless he fired you. Now try getting a court order in 90 days to meet your RFE deadline
When you get a job in fortune 500 company or better opportunity after your GC, your future employer will want to talk to all employers in ur history. Ready for that? Want to give the number now or want to let the job go?
Thats why I am saying DO NOT fight with ex employers. You will get hurt more than the employer. Your ex boss is not a bad guy, he knows you are leaving for better opportunity. Since he remembers what you have done for him, a few kind words will solve the matter.
I needed one such reference in my past, I called and apologized to my former boss because if I didnt, he would not cooperate and nor I had time for years worth of lawsuits. It took about a month, but the matter was settled in my favour.
I agree with kshitijnt that you need past employer more than you need client. In my case I had received 485 query to supply some my employment related docs ( whether that I am working with responser or working with someone else, letter from company showing my current position,sal. etc). Since I didn't change my employer, it was very easy and quick to get such documents from current employer. Imagine if I would have switched on EAD then I would have to chase my past employer for letters, paystubs etc and by the I would got them from past employer,I faced the risk of PD moving back.
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tikka
05-23 11:17 AM
I feel Faxing 1 page document with the critical issues will have more impact in addition to the emails .
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
can you share the email id's please. someone on the forum was looking for the emails.
thanks
Can some body send the template for faxes and link to webfax also. I email 10 senate members until now
can you share the email id's please. someone on the forum was looking for the emails.
thanks
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Imigrait
01-30 02:42 PM
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
Have a question. My current I-94 is valid till May 2009(entered on AP last time). What happens after May2009? Do I need to get another I-94 and how?
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
Have a question. My current I-94 is valid till May 2009(entered on AP last time). What happens after May2009? Do I need to get another I-94 and how?
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sam2006
07-20 10:08 AM
nice job guys
I think we should extend it till monday atleast
I think we should extend it till monday atleast
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beautifulMind
10-08 04:38 PM
This should be #1 priority of IV.
People have been waiting for their GCs since 2001, 2002 or 2003. My PD is 2004, and I absolutely want everyone with PD before me to get GC before me.
People who are opposing this idea are used to cutting lines -- most of them look like '06 and '07 wannabes ...
Nobody is opposing it..it should be based on years of exp in US..I applied mine in 2001 and got laid off and now I have a priority date of jan 2007..is that FAIR?
People have been waiting for their GCs since 2001, 2002 or 2003. My PD is 2004, and I absolutely want everyone with PD before me to get GC before me.
People who are opposing this idea are used to cutting lines -- most of them look like '06 and '07 wannabes ...
Nobody is opposing it..it should be based on years of exp in US..I applied mine in 2001 and got laid off and now I have a priority date of jan 2007..is that FAIR?
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gc4me
09-03 08:59 AM
Got the actual card yesterday. It is valid for two years. Kind of cool!
RD: 7/11/2008, CPO Email: 8/27/2008.
RD: 7/11/2008, CPO Email: 8/27/2008.
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akhilmahajan
02-25 02:27 PM
Payment Sent (Unique Transaction ID #9SF61544AC045092G)
Original Transaction
Date Type Status Details Amount
Feb. 25, 2009 Payment To Immigration Voice Completed ... -$20.00 USD
Related Transaction
Date Type Status Details Amount
Feb. 25, 2009 Add Funds from a Bank Account Completed Details $20.00 USD
Original Transaction
Date Type Status Details Amount
Feb. 25, 2009 Payment To Immigration Voice Completed ... -$20.00 USD
Related Transaction
Date Type Status Details Amount
Feb. 25, 2009 Add Funds from a Bank Account Completed Details $20.00 USD
go_guy123
05-09 10:30 AM
I miss the good old Bush days and hope that McCain would have been the President.
How are you saying this? Under his watch large numbers of green cards were lost.
GOP as well DNC are all chasing the mass votes of illegals and their USC relatives.
How are you saying this? Under his watch large numbers of green cards were lost.
GOP as well DNC are all chasing the mass votes of illegals and their USC relatives.
VA_GC9
07-09 07:48 PM
We need to keep the message short. But concise. Media will create all the corresponding articles, and messages. We just need to bring it to their attention, they will figure out after research, that it was "munnabhai". Frankly, the message is important, not the messenger or the vehicle that the messenger drove.
Guys see this..
July 9, 2007. Message from USCIS Director Emilio Gonzalez
I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
http://www.uscis.gov/portal/site/uscis
Guys see this..
July 9, 2007. Message from USCIS Director Emilio Gonzalez
I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
http://www.uscis.gov/portal/site/uscis
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