Sunday, June 26, 2011

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  • natrajs
    08-16 03:45 PM
    It depends how the Employer and Employee discussed before starting the GC process.

    Some may sponsor the cost only for the Employee and let Employee pay for the dependants.

    To my best of my knowledge Employer can not charge back the Employee for sponsoring the GC, However there is no rule set for the dependants




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  • bluez25
    08-26 12:16 PM
    Hey all,


    Saw August Visa Bulletin on Mid July.
    Checked the appointments PDF in chennai consulate and did not see appointments for August yet.
    Sent an email to Chennai consulate requesting when will my appointment be as per the new august bulletin and surprisingly they sent a reply saying that I was scheduled for August 11nth.
    Started preparing for the interview. Told my employer and client that I am leaving to India for the interview.
    Got the notarized copy of the employment letter.
    Started on July24th and reached July25th night.
    Got some sleep and went to local police station and applied for the PCC but the local police station asked too many question and gave me hard time.
    Went to Lister Laboratory and took the medicals.
    Went to local police station for atleast 10 times between saturday and Sunday following up but no proper answers
    Got the results from Listor laboratory and went to the Doctor and got the medical report done.
    Got frustrated and went to commissioners office on Monday and came to know that there is a official PCC format request in that office and applied for the same immediately.
    Personally met ACP and explained the situation and he promised me to get the PCC the very next day.
    went directly from the commisioner office to Passport office and applied for the PCC there too since the US consulate in chennai requested the PCC to be given form both passport office and the commissioners office.
    Tuesday Morning got police verification for me and my wife in our homes.
    Tuesday evening went to passport office and collected the PCC stamped in the passports and collected the PCC from them.
    Went to Commissioners office and collected the PCC from there too.
    Wednesday executed the secondary BCC affidavit since my name was not written on the BCC.
    Wednesday took all the documents and went to local VFS office and submitted all the documents and paid courier fees.
    Went to US Consulate on August 11th Morning around 7.30 AM.
    We were let inside and asked to wait in the waiting room for couple hours now.
    We were called around 10.00 AM and an Indian lady verified all the documents and asked for all the originals.
    The original documents requested are BCC, PCC, Offer letter, Affidavit, Marriage photos, marriage invitation,.....
    We told the officer that we have an infant and asked if it will take more time. The officer promised to call as first.
    10.45 AM they called us around 10.45 and took finger printing for me and my wife.
    11.15 AM an American lady officer called us and asked some questions like how long I have been in US, whom do I work for, whats my designation, and asked couple question to my wife.
    Finally congratulated us and said they are issuing the immigration visa to us and that we will get our passports in a week and handed over all the original documents back to us.
    Started from the consulate.
    Started to US on last Thursday.
    Reached on Thursday here at LAX port of entry.
    Asked to wait for an hour.
    took finger printing and asked us to get our baggage and waited in the waiting area.
    One hour from there one officer called and said the passports are stamped and we are all set to go.
    They told that the temporary visa is valid for one year and if I dont get the GC with in that time frame I should contact the local office then.
    Job done.

    Guys this forum was helpful to gather information and I wish all the very best for the ppl to sail smoothly and get their GC.




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  • dish
    04-07 06:05 PM
    Backlog Cases:
    Total Received: 363,000+
    Total Completed: 108,000+
    Total Certified: 50,000
    Balance: 255,000
    Full data entry will will be completed by 06/30/2006 as scheduled.

    PERM:
    Total Received: 80,272
    Certified: 36,587
    Denied: 23,305
    Audit: 24,960
    Withdrawn: 1,950

    Now look at the maasive backlog of unprocessed cases in BEC. The Baclog Centers have received more than 363000 LCs and out of it 255000 are still untouched. given this pace they will take at least 5 yrs to finish processing all the applications. and DOL has added a graphic on their website claiming 18 months to go. They are just making FUN of US for yielding to their beaurocracy.




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  • peer123
    04-03 04:24 PM
    Hi All,
    I am thinking of looking for other job options. I want to know if you any one of you have changed jobs on EAD and your experience with the whole issue.


    1. Did you find have any issues when getting 485 approved.

    2. Did you file AC21.

    3. Does the job responsibility has to meet 100% word by word.

    4. Has any one you applied for EAD extension on your own.

    5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.

    Thanks
    Peer123



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  • mantagon
    07-16 08:23 AM
    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.

    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.




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  • pappu
    07-09 09:07 AM
    I am starting this thread to see if IV can help CP (consular processing) filers (who are already in the US) who are the worst affected due to retrogression.

    Issues:

    1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
    2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
    3. CP filers are the ones actually stuck with the same employer due to not having EAD.
    4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.

    As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.

    I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.

    If IV thinks this is too much for the asking, feel free to delete this thread.

    If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!

    It is untrue that IV does not care for CP filers.
    One should not blame IV for not taking up a cause. IV is everyone. Core team is simply assisting the community in the general management of the organization. It is the community that powers all efforts.

    We have had mostly AOS members till now and thus the focus has been on AOS. If you wanted CP in the tracker, let us know and we will add it.It is a minor issue. We haven't had anyone telling us till now or even telling us the bugs in the tracker so that we can improve it.

    If you feel strongly that this is a genuine problem for CP filers, and everyone stuck in it can present compelling case for it, please feel free to lead the effort. IV will help you with guidance. Recently several members stuck in Perm audit delays approached IV and they took the initiative to start a campaign. I think this is how IV should evolve for future so that people can help themselves using this platform. IV is willing to help anyone stuck in the EB immigration system. Could you find more people like yourself stuck in CP filing in one place on this forum and discuss amongst yourself various ideas and strategies to find a solution to the problem. IV core will be available for guidance and advice.



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  • WillIBLucky
    12-13 01:38 PM
    I agree with your point 1. But there are some companies who still apply H1B here. I am not sure who they are and what field they are in. But I have heard. Anyway your point about spouse is valid.

    But again, do you think EB2 will move faster and become current anytime soon? I dont see that possiblity without change in system (law). And once it changes then it will be same for both EB2 and EB3. If your new job will bring in stability and growth then it would really make sense to switch even if converting from EB2 to EB3 in these times.

    Prior to October 2005, I would be have been thinking like your are thinking.
    I like your thoughts

    I would want a faster GC for many things
    a) Spouse can work in any field. People can be talented in many other skills but cannot work because of EAD factor.

    b) I can go out of country any time. There are lot of checks at embassy and I am with them that they need to check all about me or anyone, but it takes months to get clearance and I cannot leave my job. Nor the job would keep me with 4 month vacation .Many of my friends have gone through this.

    my two cents




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  • gclongwaytogo
    10-19 09:42 AM
    July 3rd filer....LIN# (though I-140 approved at TSC)

    Receipt Date: July 3
    Notice Date: October 11
    EAD Card: Waiting
    No FP notice yet
    I-140 approved: TSC
    Originating Issuer of I-485 and I-765 : NSC



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  • wandmaker
    11-15 08:31 AM
    2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
    .

    If you read along the same lines....

    Thank you roseball. What is H1 COE?

    COE = Change Of Employer




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  • snathan
    03-31 08:45 PM
    From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.

    If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).

    I dont think this is true. Untill the company A revoked the H1 which is valid till Sep 2009, I dont think one needs to file for transfer again. Otherwise please provide the source for the same.

    When you are filing for new H1B with new employer, it will not cancel the current H1B. There is nothing called H1B transfer. Everything is New only. The only issue is you need to prove your status and you will not be counted against the cap.



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  • TomPlate
    01-09 04:04 PM
    "I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."

    EB3 quota is like a spoon of rice from a bag of basmati :))
    It maked me laugh and a good one too. Any way now it is a feast, so everything is going to open.

    All EB priority dates are current.




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  • meher
    12-24 10:38 AM
    Hi

    I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.

    Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.

    I have proper timesheets that i had submitted with client to prove my work hours with client.

    How do i get my pay stubs and my pay?

    Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?

    Please help

    Thanks
    MRD



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  • Texascitypaul
    02-23 04:24 PM
    I just like to add that if your wife is not making enough money, then you have to find someone who can provide affidavit of support along with the filing of green card for you.

    1. You are entitled to file adjustment of status application.
    2. Affidavit of support is required for anyone who files green card application.

    Good luck.

    Just to clarify

    I can file for AOS even though i am well over my 194 and came in under the VWP from the uk?
    Finding a sponsor for me would not be difficult though i was led to believe it had to be my spouse is this not the case?

    Thankyou very much for your response it is much appreciated

    Paul.




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  • diptam
    07-27 10:12 AM
    Vikram Man,

    You are awesome - Thanks for your help..

    Diptam



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  • chintu25
    10-31 01:59 PM
    Good job guys ...I am back was busy with some office mess that is now cleared . I am all in and active as ever .




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  • sivaji2007
    03-28 09:00 PM
    Many thanks for IV to get this fixed for students. I am student member of IV since 2007.
    I have posted this message in other forums and urged the student community to join IV.
    IV rocks!
    Balan










    Until now, the student community and the OPT community felt that IVs goals were not in sync with them.

    OPT is now being considered to be extended for 29 months. This is a big boost for students who want to pursue their American dream.

    So, if you are a student or an OPT candidate, you are definitely benefitted by this move.

    This is a call for all students/OPT to unite under IV umbrella. Please sign on this thread and pledge your support to IV. Spread the message among your community. Urge everyone to join IV. Start getting active on IV. Most of you are young talented folks from all over the world, and your talent and freshness will keep IV going strong.

    So join IV now and join your State chapters. Spread the message among your friends.



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  • unseenguy
    06-22 07:33 PM
    ...and the boss goes back and continues eating samosas :)

    Pls replace samosas with burger and french fries. Boss in Nebraska may not like samosas or may find it too hot to handle resulting in additional 2-3 sick days.




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  • chandra140
    10-13 01:48 PM
    I got the 140 denial notice.
    The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

    Here is the reason...

    The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.




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  • gcphul
    12-14 03:14 PM
    Hi Sam,Munnabhai

    Yes i am planning to start fresh GC and h1-extensio, The reason i am expecting to reject bcoz mine LC-sub and on top of 1,2,3 Mentioned RFE's. Case me Dham Nahi hai.




    sbabunle
    09-05 05:38 PM
    I have a hypethetical situation

    1. Say in the election Dems get both house and Senate AND
    2. No compromise happens in CIR at Lame Duck Session too. Also
    no SKILL passes too AND

    3. New winners Sworn in and its congress controlled by Dems.

    Now what is the status of the CIR that was passed in the senate and
    that house bill passed? Does it expire or go annul? Or can these
    new members come a compromise on that? What could be the attittude of the congress member towards it? It would be really interesting to know the
    legal sides and political attittude of lawmakers to it.

    thanks




    Munna Bhai
    12-14 03:49 PM
    I got I-140 RFE (EB2) for education as mentioned above I have 3 yrs education and 60+ months of experience and labour says BS or Equivalent Foreign degree with 60 months of experience.

    However, the RFE says submit the evidence that it is equvalent to US 4 years degree 3 year Bachelor degree + if any other degrees. They also mentioned we do not want a simple evalutaion that has been done by private evaluators says it is equvalent to BS 4 years degrees. They want detailed explanation each degree and other diploma that is equivalent to US 10th grade, 4 years Degree by acceptable evaluator also include evalutor details.

    I am in 6th year of H1B, donno what will happen. My company said it is simple RFE. Looking for other alternatives.......

    get your own evaluation from http://www.wes.org/ or any other source, don't depend on company/attorney etc.



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