Monday, June 27, 2011

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  • chanduv23
    07-05 07:20 AM
    Senthil1 - behaves like an anti immigrant sitting in this forum. Though at times he gets things right and in perspective, most times he is always supportive of the other side - with no logic or reasoning.

    Senthil - do you get paid by numbersusa etc// :D :D :D :D

    Does USCIS promise u fast citizenship if you do this???:D :D :D :D




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  • laborchic
    01-23 05:02 PM
    This sounds interesting. Shouldn't we follow the same procedure we did for sending messages on change.gov ?

    Do we have any action item on this from IV Core?:)




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  • USCISSucks
    11-14 01:34 AM
    Before 180 Days for those 140 approved
    Do a H1 transfer and extension to new company which you like..
    (don't use EAD with the new company)
    Stay with the present company for some secondary part time job just not to get him mad (or take a vacation)
    2 months would fly when you are making now decent money...

    do whatever after 180 days.

    I spoke with my Lawyer on this approach and says he doesn;t see any issue with this since I140 approved..

    otehrs who have answered favourably please let us know if anybody did this?




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  • ragz4u
    03-14 01:34 PM
    Hi

    Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.

    Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.

    Thanks
    GCcomesoon

    This is the link for the other thread http://immigrationvoice.org/forum/showthread.php?t=278

    FYI, the debate will resume tomorrow again. Updates will be provided real time (hopefully).



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  • leenakamat
    08-15 02:15 PM
    You can file a DOL complaint, which could spell serious consequences for the employer. You could also file a wage claim with your state's employment development department to recover the wages you were owed.




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  • LookingForGC
    12-09 02:13 AM
    by the way, I forgot to mention that I was in India when my GC was adjudicated on Oct 22.
    At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.

    So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D
    Congratulations!

    Good to know this info. Best wishes!



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  • koppula09
    01-04 05:43 PM
    Thanks a lot for your quick response guys. I decided to wait till INS decision to approve the H1.

    If it is +ve there wont be any problem, well & good!

    If not immediately go to Canada/India/.. and get stamped with H4 and safely comeback and do try what ever we want.

    Otherway is, as the person status is in pending which is not illegal, we can apply H1 with relevant documentation with some other employer, but this need to be done before final result comes out from INS.

    I believe these options looks logical. Hope verything goes well!




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  • Alabaman
    06-10 12:17 PM
    plus sidlees english is even poor. I wonder how he has been keeping his job.

    Sidbee,

    thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.

    I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.

    Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).

    You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.

    I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.

    J thomas



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  • lostinbeta
    10-21 10:18 PM
    Um, I don't know anything about that. I just heard that he left because he wanted to do other stuff.

    Poofiness..... ummm..... airbrush tool :P




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  • qualified_trash
    06-09 10:34 AM
    I agree that capitalism is the first american value..... and IMHO it is the only one that works........ Look at France and the old European countries vs the new EU countries that were part of the Warsaw pact who adopted complete capitalism instead of the hybrid capitalism/socialism........

    The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.

    I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.

    I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."



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  • karmika
    12-12 11:18 PM
    yawn.




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  • bzuccaro
    11-08 05:23 PM
    SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
    PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
    ________________________________________

    1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.

    � Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.

    � There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.

    � However, there MUST be an approved I-140 to access this benefit.

    � This benefit does not apply to dependents who have reached 21.

    2. AC21 106 (a) - Pending Labor Certification or
    Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.

    � Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:

    (a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or

    (b) 365 days or more have passed since the filing of an EB immigrant visa petition.

    � Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.

    � Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.

    � Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.

    � If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.

    � A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.



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  • johnggberg
    07-12 03:09 PM
    I checked with my lawyer, she did not received it yet.

    i guess there are holding them back eighther to prepare for the case or to enter data into there sytem before the reject it




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  • AB1275
    12-17 12:42 PM
    I had posted my query on another thread but thought of creating a new one with all the updates.

    My priority date is Feb 26, 2008 and I-140 mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.

    Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.

    My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.

    She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.

    My question to you all are:

    1. Are these my only option to make sure I can renew my H1 after the 6th
    year?
    2. How long does an appeal take to respond?
    3. Is appeal my only way out? Can I request for a
    Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
    Jan 2009?
    4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
    will that be a problem?
    5. At what stage of the green card process should I be in to be eligible for
    my H1 to be extended after my 6th year?
    6. Any other issues that might come up?


    Thanks!



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  • h1bemployee
    06-25 04:18 PM
    1. What was your original I-94 date before H-1B amendment was filed by Company A?
    September 30 2009
    2. What was amendment for?
    amendment is for change in annual salary
    3. Why H-1B amendment was denied?
    The amendment was filed way back in sep 2007 and they got the RFE in Nov 2008....
    The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter(Client told me that it's company police not to provide such type of letter). we provided main vendor contract.

    Please answer these questions, before I can put my opinion.


    _______________________
    Not a legal advice.
    US citizen of Indian origin

    Pls see my answers under the questions




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  • yabadaba
    06-22 11:27 AM
    POLL: Where Will You File Your I-485



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  • somegchuh
    10-31 01:39 PM
    just as FYI, they mailed back the original 797 with the passport.




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  • ujjvalkoul
    07-17 06:45 PM
    contribute please.....
    Those that are tearing up..u can call IV on the numbers mentioned..I just dd and congratulated the, on a job well done and pledged my contiuing support until all our oissues are resolved




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  • greencard_fever
    09-03 10:25 PM
    Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.

    Well Said..we can help USCIS (Volunteer) to process our Application on time:D:D:D:D




    aray
    09-16 02:48 PM
    There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.

    There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.

    surabhi,
    At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?

    I am planning to travel to India in December on AP. I recently changed jobs.

    Thanks in advance.




    BharatPremi
    12-09 04:50 PM
    Hello-

    1) Is it possible to allow minimum ONE TIME contributions like $10?
    Ans: Yes. It can be done through PAYPAL - payment need to be sent to donations@immigrationvoice.org
    2) Is it possible to allow minimum RECURRING contributions like $10?
    Ans: Seeing the need of assuring sure funding IV core team has decided minimum $50/- recurring option.When I am talking to my friends, we felt that the above things increase the
    Contributions. We are also thinking that it is easy to ask friends to contribute if there are no limits on the contributions.

    If I am correct there are more than 25,000 Members. If there are 10% of active members and each contribute $10 we get another $25000 that is required for the Bill.

    My Contributions:
    $50 Recurring Contributions from Nov 07.
    Contributed $100 for the DC Rally.
    $25 to the local Northern California Chapter in Oct 07.
    Contributed to AILF $100 during the July visa bulletin time.

    ^



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