Saturday, June 25, 2011

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  • Berkeleybee
    03-28 11:09 AM
    Prolegalimmi,

    It is absolutely fine to write to editors etc. but if you are planning a sustained campaign, it is best to coordinate with the media team lead by Sunil. It is always good to convey the same message from all our outlets.

    Also, I urge everyone writing and calling media to keep it civil, DO NOT DENIGRATE other groups, just focus on our issues, and stay polite.

    best,
    Berkeleybee




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  • LostInGCProcess
    09-02 11:15 AM
    as per IRS - OP is on EAD not on H1B. I-9 form is sent to the Pay-roll company , they report the legal work status to IRS. If you have filled EAD on I-9 your legal work status is EAD and not H1b.
    OP does not have a F-1 EAD? clearly says he used AC21 whcih can only be used for employement based EAD.
    Our admin dept gets alert from Pay roll company when EAD validity is close to expiration. When I use EAD, USCIS does not know if I am using EAD untill I file a EAD renewal. there is a question in EAD renewal form - current status - H1B or AOS pending.
    If you want to remain on H1B- you have to go out of country - enter as h1B and also inform pay-roll about your new status.
    you might want to double check this info from valid source :)

    By far the best response to the question posted. I gave you a green. :)




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  • dsneyog
    01-14 08:38 PM
    I really hope then I will get mine in another 2 weeks. Neither company nor me want to lose any money on cruise and flight booking. it's so hard for them to understand that there could eb issues like this for cruise vacation.AP is taking around 1.5 to 2 months at TSC. Mine took 7 to 8 weeks, filed nov 1, apprvd dec22.




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  • coolwiz26
    07-03 12:59 AM
    I will sue them too. They need to be punished for what they have done. pls tell me the procedure and I will do it.

    -C



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  • rbashir
    09-01 09:10 AM
    guys and gurus, Very desparate at this point, any help will be appriciated, I really need to answer these questions, please give me some guidance or some sample responses if any body of you have gone through same issues. PLEASE HELP
    I have a very unique in RFE that I got. First a little background, My first H1 was with company A, from 2001 to 2003, in the year 2003 , the company had ran out of projects and had no more work for me. The vice president of the company A started his own company (company B) and offered me a job and did my H1b, I am still with the same company B till today. My labor is approved; I-485 is applied, got my finger prints done. Now the real issue, recently I got RFE on my I-140 and have 12 weeks to reply. With the standard RFE I have been as some other questions also. Here is my RFE in numbers

    1 - It does not appear that the beneficiary has the two year experience in the job offered as required by the ETA 750 by the priority date.
    My Question is how do I prove it

    2- It is noted that (employer�s personal name) appears to be the Vice president of company A and Company B. Is this correct
    Yes. I have explained the reason

    3- The employment letter of company A is not dated and cannot be considered

    What if I may get the employment letter with date, I do have my start date and end date mentioned though on the letter

    4 - Please submit letter on company letterhead from former employers that identify their authors, the author�s job title and addresses and they must include detailed description of the duties performed including the dates of employments.
    I do have the letters from my previous employers but not unnecessarily with the all informations that they are asking, how should I handle this

    5- Please provide evidence the beneficiary has required experience as stated on the individuals labor certification by the priority date

    6 - Please submit at least one of the following for 2003,2004,2005,2006 from the petitioner of the i-140
    A copy of the corporations annual federal tax return including copies of all schedules or
    An audited financial statement or
    An annual report

    7 - Please submit a statement from the petitioner and a statement from the beneficiary. Please explain the relationship between the owners of the petitioning business and the beneficiary.

    8- Does the beneficiary have an ownership interest?

    9- Is there a familial relationship [ between the owners, stockholders, partner, corporate officers, incorporators of the petitioner and the beneficiary/

    10 - The indication must be made by the petitioner and the beneficiary

    11- If a relationship does exist, please submit a detailed exploitation and provide evidence that the relationship was disclose to the Department of Labor prior to the certification of the ETA.

    Now, I do not have familial relationship with the vice president of the company, I do not have any owner ship interest in the company. It is strange the VP of the company A and company B is the same guy , since he left company A and started his own company B and I moved with him to company B since he has a job for me.


    Please help me here, I am really worried what to do and how to have all this information replied.

    Thanks




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  • mbartosik
    04-10 09:32 PM
    I posted a few days ago here
    http://immigrationvoice.org/forum/showthread.php?t=544

    For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.

    Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.

    Thus we need a law to allow keeping the PD even if the job description has changed.

    Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.

    My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.

    If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?

    What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.

    There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.

    So in summary law changes:
    1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.

    2) Consider allowing concurrent PERM filing.

    3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.



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  • omved
    08-15 01:54 PM
    Bump.....




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  • raydon
    10-08 08:47 PM
    India is in the process of having social security agreements with France and Germany.

    http://in.news.yahoo.com/139/20080930/874/twl-india-france-ink-social-security-pac.html

    http://in.news.yahoo.com/43/20081008/812/tnl-india-germany-sign-social-security-a_1.html

    Don't know about anything with the US happening anytime soon. But it would definitely help those who worked here contributed to the one-way SSA pool and left before 10 years.They never got to have the social security benefits. If work visas are made available relatively easily and job openings go up in these countries, people would prefer going to these countries rather than to the US.



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  • arshiya
    04-12 01:16 PM
    Can anyone give me the combination of numbers to dial to speak to an IO for the texas centre?I know its been passed around before but i just cant seem to find it .Thanks a lot in advance..Also do you think its any use me calling rite now,my PD is EB2 India..aug 2003..Applied in june.Is it too soon to try ...just itching to call once:)Thanks again for any help.




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  • chanduv23
    07-27 04:04 PM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.

    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?

    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.

    Thank you very much for your advice and help in this matter.

    As long as you have a job/future valid job in hand, you don't have to worry. If you have changed your residence, just change your address and face reality. Most petitions are preadjudicated - which means that the adjudicator - when processing your application was convinced that you have a valid job. Now, unless something drastically changes (which is rare) you don't need to do anything.

    Don't get stressed over RFE. RFE is nothing to worry about. I think you should be more worried about your employer who is not paying you properly. You need to report such employers.

    Even if you get a RFE, it has nothing to do with pay checks. Pay checks is a arrangement between you and your employer and USCIS has nothing to do with your pay checks.

    People have moved coast to coast and changed addresses and not received any RFEs, so just chill and be happy that your PD is current.



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  • Anders �stberg
    March 6th, 2004, 08:43 AM
    Went back to get sharper pictures, here's some edits:

    Top floor, looking down:
    http://www.interimlocation.com/fretNoMore/photo/10D/pictures/misc/pmbstairwell/pmbstairstop_2713.jpg

    Mid level, looking down:
    http://www.interimlocation.com/fretNoMore/photo/10D/pictures/misc/pmbstairwell/pmbstairwellmid_2716.jpg

    Bottom floor, looking up:
    http://www.interimlocation.com/fretNoMore/photo/10D/pictures/misc/pmbstairwell/pmbstairsup_2718.jpg

    Bottom floor, looking up, reversed:
    http://www.interimlocation.com/fretNoMore/photo/10D/pictures/misc/pmbstairwell/pmbstairsupreversed_2718.jpg




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  • go_getter007
    12-20 11:45 AM
    From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.

    Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.

    GG_007

    PS: Not a lawyer, just my personal opinion.



    Hi.
    I have a question on whether Advance Parole is required for my wife to come back to the US.
    She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?

    (Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).

    Please advice



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  • Mera_Bharat_Mahan
    02-28 07:07 PM
    I am not sure why you all are all so worried about finger printing. No one is getting their GC anytime soon. PD for both EB2 and EB3 is either unavailable or in 2001. Even if FP takes a little while, don't worry.

    I have a friend who never got finger printed till he got his GC. So relax.




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  • eers
    07-17 11:03 PM
    if u go to the doc, they will perform the the tests that are ok to perform..

    Check with doc if they will accept the test results (PAP , HIV , etc) from your obgyns office. These tests are already done during initial stages of pregnancy.

    Finally the doc will add a note to the medical report that some tests/shots are omited due to pregnancy.

    I went through same thing..

    Will the case be accepted with this partial report-- It will be.

    Will there be an RFE? -- i dont know.. may be



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  • immigrationSantosh
    02-07 03:29 PM
    Could you please advise how do I get the lawyer for this ? Do you know any in specific?




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  • royus77
    05-30 06:40 PM
    my advice to you is try to do it in person. i did it a few months ago in houston. i know a lot of people are not lucky enough to be close to a consulate. but when you apply in person, and you say that you will pick up your passport in person, then you take most of the problems away involving postal delivery and receipt of the passport.
    so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.

    the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:


    Washington DC is same day if you drop and collect in person ..last year i renewed the same



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  • Tantra
    07-17 03:29 PM
    Join in...




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  • gaffarkhan
    07-16 02:03 PM
    Sent I-140 on October 2nd. Status showing as it's recd. Anybody's I-140 approved in that range?

    Thanks,
    GK




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  • Lasantha
    02-13 03:03 PM
    Cute!

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    vkt3142
    02-25 02:37 PM
    Guys, please let me know if anyone heard something similar else where.

    Thank you




    saketkapur
    11-06 05:00 PM
    Why not?
    We have nothing to lose....a similar effort was passed last time when Clinton had left office......also the CHC might not whine this time as they will have the senate pretty much behind them next yr to do what they want.....
    Also they might actually want us now out of the line if the illegals are supposed to line up next........

    the job as an USCIS IO seems nice after getting my GC.....:rolleyes:



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