Monday, June 20, 2011

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  • atumalla
    02-07 11:34 AM
    Applied H1 and H4 Ext together 12/07/2007. Case still pending.





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  • sixburgh
    04-17 11:41 PM
    Update:
    The Doctor admitted his mistake.
    He completely forgot to mark the TB test earlier.
    He was ready to back date to avoid more inconveniance to me.
    But I told him to be sincere in all aspects.
    I basically forced him to give my wife a TB test again and also the x-ray.
    Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
    Hopefully they will mark the case as - resume processing.





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  • sanjay
    08-16 08:46 AM
    Pappu,

    Do I need to post my question on this thread or I can pass it on before in time to StarSun or you? B'cause posting my GC issue with personal information would not look appropriate on a public forum.

    Let me know.





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  • franklin
    02-22 04:17 PM
    Thanks a lot. Pls. tell them about immigrationVoice and ask them to cover our issues.

    Absolutely - in all responses I include my actual name/ email / sometimes my address or phone number if they request it. I always include a link to the IV homepage and disclose I am a member of the group - along with key issues our group faces (mainly a synopsis of the "green card process and problems" resource page here, and an example case study summary - i.e. "this is what is happening to me")



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  • Michael chertoff
    07-12 10:59 AM
    Up that by another 3 months:D


    Here you go,

    I hope it wiill move to Nov 2006 PD

    MC





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  • same_old_guy
    07-11 01:52 AM
    This is too good to be true. Holding up I-485 seems to be genuine. Rest of it ?



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  • go_guy123
    01-30 01:08 AM
    against the mouse, press it against your forehead and think about the benifits that you milked from this country".

    Lot of people didnt milk much benefits....only people who came on F1 and worked as RA/TA probably "milked"
    from US

    Rest who were working on H1B paid all the taxes same as any american and
    got no returns for it.

    A whole lot of people milked from "H1B" workers

    As a matter of fact H1B worked for far lower wages than the market forces
    would decide thereby keeping the cost of IT infrastructure support for the
    financial services, insurance, retail etc low just as mexicans work for
    below min wages to keep the cost of maintaining the infrastructure low.

    Corporate America knows this and thats why they always shout for H1B
    shortage , they NEVER shout for EB visa shortage or just do a lip service
    because it looks bad.





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  • gotgc?
    12-19 05:00 PM
    You can file as many I-140's in any category (EB2/EB3/NIW) as long as you have a certified labor for a bona fide position with a matching education and company has ability to pay for those positions. These I-140's can come from one company or different ones it doesn't matter.

    In your current situation:
    1. Don't even think about doing anything with pending I-140 and AOS. There is a definite delay in I-140 approvals at both NSC/TSC so waiting is the best thing to do. As long as your qualification matches the LC description you will get your I-140 approved. If your I-140 is pending 30 days past the processing time and you haven't received an RFE, it might have been stuck in security check. Your lawyer needs to open a service request to find out what is going on.

    2. For the labor that is expiring in Jan, go ahead and file an I-140 petition right now, there is nothing to worry about two I-140. If nothing else this petition can be used for 3 year H1B extension in case the first one gets stuck.

    3. The second I-140 that you are filing can't be used for your pending AOS if your priority date is not current. Check the Pearson Interfiling memo ( from link below). If your priority dates are current and will remain current (EB2 ROW) file for an new AOS application when your second I-140 gets approved. If by this time your first I-140 is approved you can simply toss the second I-140 in the office shredder.
    http://www.ilw.com/seminars/august2002_citation2c.pdf

    Thanks CanadianDream. Your words are encouraging. I will check with the lawyer. The reason we want to file another I-140 is just to safeguard the H-1B status. I am in my 5th year.

    BTW, I have another question. Do they do security check for I-140 also? I never know this. I thought FBI check is only for I-485. My I-140 has been pending for 1.5 years so far. NO RFEs. Nothing. Every time my lawyer calls USCIS, they say it requires additional review and since no REFs are give, adjudication should be forthcoming.

    Are there anything we can do to get the status on the security check? How long usually does it take?



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  • gc_aspirant_prasad
    09-19 09:06 AM
    It was truly awesome. Got to talk to two congressmen - helped clarify differences between Legal v/s Illegal immigrants, H1 cap issues v/s GC issues, got almost half an hour at each office. Thanks IV for this opportunity, has helped me grow as a person.





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  • komaragiri
    08-29 03:16 PM
    I got FP notice on 8/14 with appointment date on AUG 31. My application received on 7/2 and notice date of 8/2.

    NSC sent the notice to me and to my attorney.

    Hope this helps.



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  • Leo07
    02-24 04:11 PM
    Folks,

    I'm sure you must have debated this already. But, I'd post this anyways:

    Is it possible to take out(or substitute) the need to have a IV handle or register with IV, inorder to participate and meet the law-makers on the Advocacy Day?

    I'm thinking that could bring in more people. People who wants to register will register anyways and who don't want to can also participate. There are other ways to check the validity of the person registering

    Thanks!





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  • illinois_alum
    07-15 05:44 PM
    Hello,

    I am sure others might have noticed that 485 processing dates at NSC (for example) have literally crawled from the beginning of the year to now. Here are the processing dates (per USCIS status).

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    12/15/2007 Status - 04/24/2007
    01/15/2008 - 07/19/2007
    06/15/2008 - 07/28/2007

    Thats roughly 9/10 days worth of 485 processing from mid-Jan to mid-Jun 2008. I wonder what the processing date looks like for the mid-July status update (which should probably be out tomorrow).

    For one thing - there would be thousands of applications between 07/19 and 07/28 (mine being one of those :D) and the other is that the USCIS doesnt pre-adjudicate. Since the PD has only moved recently, the processing dates didnt move that rapidly



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  • pappu
    11-15 08:20 AM
    Dude, I have also donated to IV but i am not sure why that "donor" doesn't come next to my name. I wish everyone donates atleast $25 to support IV and for you "tonyHK12" stopping being a Jerk and accusing people as being attackers (when you don't know about anyone), if you need to encourage people to donate start a new thread and direct people to the new thread.

    We checked the records and find that since September 2006 (date of your joining) contribution has been in April 2009 for $25 as a one time contribution. After that there have been no contribution. Due to a one time $25, you had donor status for a month. We had given you donor status and access for more than a month until 19 July 2009 for you to renew your subscription. If you have contributed recently, contact us with the details.





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  • ivuser
    02-20 10:16 AM
    Is it okay to have an internal transfer (same company, from East Coast to West Coast) after obtaining the Green Card? Or transferring after 6 months to 1 year would be better?

    If it's okay to transfer right away, does the new position need to have the same/similar title, duties, and salary?

    Thank you :)

    I think internal transfer after 6 months to a different location may be better.

    Officially hold on taking promotions. Practically taking additional responsibility should not be an issue. For example, let us say you got GC as a Sr. Software developer, in 6 months you may get promoted to Lead Developer. Point to be noted is hold all the current responsibility, in addition take new role like team lead and project management.



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  • zCool
    04-10 08:26 AM
    There are 2 separate issues here..
    1. Do you HAVE OR NOT a job with this middle vendor, from your description below seems like your prior employer waived Non-Compete part of your employment agreement to you and you just quit that position?
    2. Technically you are still on the payroll of your employer?? He's sorta right, if you are on OPT, he's not legally bound to inform INS of the termination, and terminating employment does not negate the 12 mo. non-compete you signed on.

    I agree with other commentors here, you should move on. In your case, moving on would need,
    1. Make sure you got paid for actual time you were on the contract.
    2. If you haven't already DO NOT QUIT THE JOB under threat of law-suit. In fact Non-Compete viability depends on state of employment. In CA it's impossible to enforce. Even if he sues, there better than 50/50 chance you will win due to "undue duress" clause that negates it.
    3. Threaten him that you will go after him and his H1bs. Get a lawyer (spend 500$) and send him official letter. Since you are in CA and he's in NJ, even more troublesome for him is to attend small claims court dates.. go to local court and ask for jurisdiction there.. make sure to include name of OWNER in the law-suit,

    Basiically don't be scared, don't get mad, get even..

    Hello Everyone,

    Hi I am a student in United States and I was on Optional Practical Training from Jan 2008
    to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.

    In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.

    As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.

    I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
    I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.

    We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.

    And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.

    After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.

    Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.

    I want to get out of the contract and work with the vendor if Possible.

    Please explain me how can I tackle this problem?

    I would be really very very thankful to you.

    Thanks,
    Uday





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  • cygent
    05-01 05:42 PM
    Yes sw33t, it indeed redirected me to some site by popup, it was one of those virus which is embedded within images. I immediately knew what was happening by noticing the performance of my system, but even then it was too late - everything was frozen!! Then began the painful recovery process... Sigh :p

    NOTE: It also hijacked Firefox, every time I use it, it freezes up the entire system and again I cannot re-boot, so for now I uninstalled Firefox and am using Google Chrome. So sw33t, please do something about it if you can :confused:.



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  • breddy2000
    01-29 01:46 PM
    Raj,
    Sorry to hear about your lengthy RFE. I received a similar RFE but just asked contract documents between my company and client. I have 2 layers in between. My company, Prime Vendor and Client.

    I've submitted POs showing the contract and a letter from Prime Vendor stating that I work on a project for Client.

    Just responded to the RFE and keeping my fingers crossed.

    Hope this helps...

    Wanted to share with you guys that my H1 Extension is approved after responding to the RFE.
    Hopefully it helps others who are in a similar situation.

    Good luck guys...





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  • eb3_nepa
    06-16 01:29 PM
    I am not saying we shud do anything forcefully. I am saying, that if we have to show IV's face as being multicultural and since we Have members from all over the world sharing ideas on here anyways, might as well show the media that aspect.

    In my opinion, if general public/law makers see faces from all over the world complaining about the GC system, it would have more impact.

    If a core member/moderator can comment on this, that would be greatly appreciated.





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  • gcnirvana
    12-05 07:28 PM
    Thats correct. What I meant was, if you're planning to come back before 04/30 then are you planning to come back with the current visa or are you planning to get the new one stamped?
    Also, you don't have a date gap in your visa in the passport. I-94 expires 04/2007 and have a new 797 from 05/2007. So I think you are good. But in my case, my I-94 expires 01/2007 and I have 2 797s: one expires Jun 2007 and the other one will be from Jun 2007 to Jun 2010. So if my visa is given based on my latest 797 (3yr based on I140) then how do I enter US before Jun 2007?

    What do you mean? I thought we can only get it stamped outside US.

    That is what my attorney kind of said as well. The thing is there is really no
    "start date" on the visa stamp so clubbing the I797's is effectively the same
    as honoring the second I797 (as far as the date on the I797 is concerned).
    My only concern in that case if the officer at the port of entry has any issues because of the two I797's.





    sankap
    08-24 01:19 PM
    AC21 has nothing to do with EAD.
    So, does that mean there's no need to invoke AC21 after you get you get EAD, if you want to change employer before 180 days of your filing?





    rockstart
    08-20 08:36 AM
    I am not sure. There are two red flags I see in this argument. The first is that for your wish to come true next 4 years you need only 30K GC labor to be filed. But analyst are predicting recession to be over by this year end or 2nd qtr of 2010 after which hiring will start and also the whole GC process. The second argument is in 2009 we were in recession with 30K apps filed but we did not see any huge jump in EB2 numbers if this bulletin had put dates in 2006 range then we could have said that the spill was really large. Looks like the spill was not huge since every one knew that EB2I was always somehwere near 2004. all they did was put it all the way to cover entire 2004.

    Due to the economic downturn there aren't many companies sponsoring GCs for employees. I doubt it would be more than 20 to 30k per year from now. This leaves 100-110k visas available every year for retrogressed countries like india and china

    if there 300-400k pending GC applications in all categories then shouldn't all of us get our GC in next 3-4 years?