Monday, June 20, 2011

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  • arjunpa
    08-18 11:35 AM
    Thanks for the replies guys....

    TXH1B,

    The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.




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  • gc_chahiye
    11-09 02:43 AM
    I think they are talking about the number of receipts that were issued in September, not the number of AOS filings.

    oh ok, it makes sense then. thanks for clarifying that.




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  • gkaplan
    04-23 12:35 PM
    Hello thanks for the reply.
    By applying for a petition did you mean:
    - give the job advertisement in a newsletter,
    - get the LCA
    - then apply for a petition - I-129
    >> what is the time frame for this petition application?
    - apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
    >> i'll be still working with my J2 EAD, during waiver comes.
    - once the waiver comes, then what is the procedure?\

    Thanks again!




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  • Edison99
    02-11 11:54 AM
    Pappu, could you share IVs recommendations in this thread too�
    Looks like the news is out on this in media.
    Immigration Voice has been aware of this and actively working on it for last 3 weeks. This had been also posted on the donor forums. Core members and several key IV volunteers/ donors already have been working on it and analyzing it. We also had been asked for our recommendations and had send our recommendations. We should see this bill introduced soon in a few days.



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  • chanduv23
    09-10 02:40 PM
    Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.

    Interesting. I have personally known of companies who teamed up with Attorneys and delayed filing 485s for good performing employees for fear of losing them. Some even cheated their employees by saying they filed but did not file.

    During July Visa Bulletin fiasco - I have known of Attorneys that were doing all these things to their clients (I warned these people that their employer and Attorney is jointly cheating them, some understood and sprung in action, some said, there is nothing much we can do, some did not believe me)




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  • cptbaseball
    05-14 02:27 PM
    Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.

    In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.

    However, please keep this mind (mentioned in that link)


    Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.

    Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.

    ______________________
    Not a legal advice.
    US citizen of Indian origin

    .

    Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.



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  • heywhat
    08-03 06:23 PM
    This is kind of fraud. My previous employer was not ready to give me experience letter so one of my friend recommended same but I did not feel comfortable doing that ( not due to fear of USCIS REF ). Just recently I came to know from one of my friend that INS randomly checks with employers and verifies experience letters. So keep your fingure crossed.

    To qualify for EB2, you need detail experience letter if you do not have masters. Also I do not think you need experience letter at LC stage, but usually lawyer asks all these upfornt because they can advertise it as per roles and responsibilities performed by you. You still have time to talk to your lawyer and take that letter back. In meantime talk to your ex-employer or manager to issue letter ...

    Administrator, please delete this thread .. we do not want to give more scoring points to our opponent..




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  • gesfox
    03-26 09:51 PM
    okies, add me please.. thanks!



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  • jungalee43
    02-16 03:11 PM
    I did some research on murthy.com and found that AC21 did abolish 'per country of birth quota' on recycled numbers. I am posting a link to this murthy.com article of Oct 6, 2000 which clarifies the issue.

    http://www.murthy.com/news/UDh1det.html

    If the link fails I am reporducing the paragraph here: -

    Major highlights of ACTA are listed below :

    Per Country Quotas for Immigrant Visas

    "Under Section 104, with respect to immigrant visas, the per country quota, which has been adversely affecting those from China and India and which the U.S. State Department had stated could possibly affect those from the Philippines in the near future, may have been resolved with this Bill. It has always been the case that not all of the available immigrant visas were issued, since most countries did not have enough applicants to use the total available. ACTA provides that if the INS or the U.S. State Department does not issue all of the immigrant visas that should be issued in that FY, the unused immigrant visa numbers should be made available to all countries without the per country quota limit applying."

    Retrogression started as the recycled numbers are no longer available and with that country quota showed its horrible effect. It is clear guys we have to concentrate our energy and our thoughts on this quota. Quota on the basis of "country of birth" on talent or skill needed is really hard to explain and we can have good logical arguments to support its abolition.




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  • DDLMODES
    10-13 05:30 PM
    I filed on 8th August and havent yet received my notices in mail.. I contacted my lawyer today and he sent copies of my receipts and then he also found out that they had received my FP notice .. I am supposed to go on 27th Oct to Newark USCIS... Anyone coming on same day ..

    My application is being processed at Texas..

    Not many people who have filed with me has recieved any notices as of yet..

    So dont worry guys we all should be fine..

    Thanks everybody for the info.

    laborchic, could you please let us know when you will receive the FP notice yourself ?

    I don't have any lawyer so if USPS loses it, I have no way of knowing.

    Also, when you have dependents (wife for ex) they make the appointments in the same day or is completely random ?? Anybody knows anything about that ?

    P.S.: Called USCIS 1 month after the receipts (last week) and they told me to wait another week.



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  • paskal
    12-19 04:55 PM
    midwest folks- where are you
    please post your availability
    the more the merrier....




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  • priderock
    05-15 01:33 PM
    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?



    If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.

    I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.



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  • amsgc
    02-07 02:42 PM
    I worked in Delhi before moving to the US, so have some contacts. Last December I touched base with some of my friends from my previous company (big teleco services) and found that it is still not worth moving back - even if you have a home in delhi.
    After 7 yrs of work experience, they are still making about 12-15 Lacs (moved up from being an entry level SE to a Project Manager).

    Anyways, now days they are very selective in hiring talent - practically a hiring freeze. Also, the days for 30% raises seem to be over, at least for now.

    I heard Bangalore is much better.




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  • GCFISH
    11-29 02:59 PM
    1. Canadian Consulate General (payable to)
    2. You can pay in both currencies (USD and CAD)
    3. Yes, Buffalo



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  • spicy_guy
    04-08 04:58 PM
    I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)

    Krupa

    See how bad EB3 I shape is...

    7,100 until 2002 Dec. That means, 2.5+ years before it hits Jan 1, 2003.
    What about the people with PD > 2005. 33,400 / 2800 per year. 11+ years. :)

    Retire!




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  • ns33
    03-18 04:22 PM
    Answers below:

    1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
    2. I have used AC21 before. Have not done EAD renewal yet.

    Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
    Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
    If you have a good suggestion/solution please PM me.
    Thanks
    NS
    PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.



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  • gchopes
    08-04 09:41 AM
    The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
    --
    It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.

    In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.

    ---




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  • bkshres
    07-01 12:35 PM
    I have seen people getting FAFSA loan with pending I-485. If you are in non-immigrant visa status even H1B then you can NOT apply for FAFSA. But if you are in pending I-485 working on EAD then should be good. Better talk with school advisor for more detail.

    Good luck
    BK




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  • xbohdpukc
    09-25 02:52 PM
    Because there is little certainity about the Green card many people hesitating to buy houses. There is good chance that the housing market will definitly improve if the Green card waiting period decreases.

    you are kidding, right? According to the latest figures the number of houses in the market is about 3.5 millions, which amount to 7 months of housing supply. Even if tomorrow DOL will process all its backlog of 180K applications and INS issue pending however-many-GC applications pending (I believe I heard a # of 500K including those 180K they are expecting to get from the DOL) it won't affect the housing market a bit.




    Madhuri
    06-15 12:26 AM
    So is it that, if you already have approved 3 yr H1 extension after 6 yrs
    then it will not become invalid even if you get EAD now?

    You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.




    Aah_GC
    06-13 06:39 PM
    I have asked this question before and have called around 4 reps so far. Do I just leave a message or ask for the Congressman / woman? The receptionists are probably not even writing down the messages.



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