Tuesday, 14 June 2011

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  • GC20??
    08-17 12:25 PM
    go exact same reply..please let me know if you hear anything about your case

    I got the same reply when contacted through two Texas senators.





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  • chanduv23
    09-10 07:54 AM
    Though there are companies that do have ethics - most of these people have exploited their employees and continue to behave unethically - they drive expensive cars and behave with arrogance on face of their employees who are working hard and earning for these cayotes.

    These cayotes have this love affair with Attorneys - and they have this common protocol on how to handle their employee.

    As long as the community is scared - wants to lie low and not want to rise - we will still be in this situation.

    IV HAS PROVIDED AN EXCELLENT PLATFORM FOR ALL THE PEOPLE TO COME FORWARD.

    I would recommend that IV members who are affected by such cayotes must utilize the resources IV has provided and try to get more media attention.

    I encourage people to do youtube videos using hidden cameras when their employers are trying to talk or do dirty deals.

    Write blogs, make all this visible.





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  • prioritydate
    07-25 11:11 AM
    Here is the calculation I came up with USCIS processing of our I-485 applications.
    USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
    Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
    So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
    So, 584/50 = 12(Approx) applications they need to process in a day, per person.
    So, do you think it is viable? Of course, it is�
    What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:





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  • gc_dedo
    01-27 03:34 PM
    Sorry for the stupid question.
    Is it necessary to inform CIS about job change using AC21?
    Few of my friends havent informed.



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  • fundo14
    10-15 02:52 PM
    I don't think it has anything to do with H1. I think its just a mistake on their part that they issued this to derivative instead of principal applicant. This is because they are asking for intended permanent employer letter and that terms of LC /I-140 is same. This seems typical of standard employment letter RFE that is issued to the principal applicant.

    Is there a way you contact the IO to get confirmation if the RFE is for you or principal applicant? Do keep us updated on how your attorney plans to respond to this.

    My Attorney is preparing the reply explaining my derivative applicant status, for all others docs like W2's, Tax returns etc. I am anyway submitting.





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  • a_yaja
    02-17 09:32 AM
    I have a couple of questions:
    1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
    2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?

    thanks.

    I mentioned the following:
    "Need to visit family in home country from time to time given the long adjudication process for I-485"

    For date of travel, I put down a date approximately one month from the date of application (my thinking was that if travel date was sufficiently near, then the AP would be approved sooner - and I did get my AP approved in 22 days - not sure if it was because of the travel date - but it might have helped).



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  • nlssubbu
    08-01 12:55 AM
    Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.

    How come mearly applying for 485 made his wife's H4 status become illegal? She can apply for AP whenever she want to and can apply for EAD as well. Only use of EAD will made her H1/H4 status invalidated.

    Thanks





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  • hpandey
    06-02 03:16 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?

    As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.

    This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).



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  • vidyakulkarni
    07-13 11:24 AM
    we are highly skilled people. so we should wear business suit , it will give impact.





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  • kish006
    12-23 04:40 PM
    To my surprise, we just received both EAD & AP with corrected information. The mail room person did put in a folder and sent it overnight DHL. Sweet!

    Hi,
    I too got my EAD and AP with incorrect pictures. I thought I got my AP and book the ticket on Jan 16.

    I dont what to do now. Please help what to do.
    I f I apply now i will get my AP in time before I leave to India.
    What need to do now.

    Thanks in advance



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  • mchundi
    02-23 06:01 PM
    Here is my honest opinion.... you guys need to highlight the fact that IV is equlally concerned about PBEC issue. This is what i have heard and read from a lot of folks... Just to let u guys know that even my app is stuck with PBEC..
    Sorry that u r stuck at PBEC. It is more than 4 months since i tuned into labor forums. Is there any progress at PBEC? Has the RIR Q moved to mid 2002 consistantly? Earlier Non RIR Q was ahead. Is this still the case?
    I can understand those without labor not coming fully forward.
    U must understand that it will be 4-6 months atleast by the time we see the fruits of any new law, but if we miss this chance, the options are very bleak. Here is why.
    If u dont get any relief now, there will be none for may be another couple of years.
    There are enough aspirants that can consume this years and next years quota whose PD is in 2002 for some countries like INDIA (even for Eb2). Dont be fooled by the forward movement of PD now.
    The way the USCIS works and the way priority date moves, u will see some forward movement till sep' 06 and again they will move back a couple of years. For those who come out of labor process from PBEC the situation is no different than it is today, if u cant file I-485 and get portability. U will be even more dissapointed.
    --MC





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  • abracadabra102
    11-06 03:13 PM
    I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



    Thanks,
    Sury

    -------------------------------
    PD : Feb'07
    I-140 - Pending
    I-131 - Approved
    I-485 - Pending
    Center: TEXAS SERVICE CENTER

    Recieved EAD Card and FP done.
    -------------------------------

    This issue has been discussed at length in these forums. Put in some effort and read before popping a question.



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  • eb3retro
    03-30 04:25 PM
    did 5 trips in the past 2 years (few of them official) using AP. Changed jobs twice in EAD not filed ac21. As long as you have valid AP, you are good to go to enter. make sure you remain calm and answer any questions in POE. You will be fine.





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  • krishgreen
    06-01 04:43 PM
    Hi All,

    I have attended for renewal H1B Visa stamping at Matamoros on May 27th 2010.

    Here is the complete process that I have followed from start to End:

    * I have used a agent for arranging Application fee & transportation to and from Brownsville, TX.

    * Drove from Dallas to Brownsville, TX on May 26th, drive was Okay, not many COPS around.
    * Stayed at Days Inn hotel owned by Desi, very helpful at giving information on good restaurants around and places to go if there is enough time.
    * On May 27th morning 7:45 am agent will come pick-up from the Hotel and take you to the US Consulate in Matamoros (About 10mins drive). On the way he explains all the details of where they meet after the Interview is done and how to get to Port of Entry by Walk. His first stop in Matamoros would be Best Western Hotel where you can leave all your luggage and all the prohibited items at US Consulate.

    **** Be sure to carry all your necessary items to stay in Mexico for atleast one more day if your Visa is not ready the same day****

    *Then he will drop you at US Consulate and stay outside until you pass the security line.

    * After security there are two people checking your documents (I-797, Application fee & Interview confirmation page) and issue you a SERIAL Number.
    * After that you will be allowed inside where the first process is to get your pictures and fingure prints taken.
    *After that wait for your number to be displayed for the Visa interview (Takes anywhere between 45 to 60 mins at anytime), for me took about 50 mins.

    At the Visa Interview counter:

    Initial Greeting exchanges and then asks for the paper work (Passports Old & New, I-797 and Interview Confirmation page). She took about 5 mins to go through DS-160 questions/answers filled online.

    VO: Why did you change the company from your Old to New.
    ME: Explained the situations.
    VO: Do you directly work for the client of your Current Company.
    ME: No, I work for a client of another Vendor.
    VO: This is not the way how the H1B Visa works, you have to work for a Client of your current H1B Employer.
    ME: Blank Face, no answer. (I know that is not how the h1B Works, but no answer)
    VO: How do we trust that you are really working for the Client.
    ME: I pulled out my client letter and Photo ID Card and gave it to VO.
    VO: Okay, so, you got the letter from your Project Manager at Client site. Good let me check that.
    VO: Can I see all your W2's from the first year that you are in US and pay slips for last six months.
    ME: Handed over all the W2's and Payslips.
    VO: Can I see your bank statements for last 3 months.
    ME: Gave my bank statements.
    VO: Let me check all these documents and discuss with my senior. she went inside with all the documents for about 5 mins.
    ME: This was the time that I felt tensed, as I don't have a valid visa to enter US if they decided not to issue a Visa based on all the docs that I have. I never felt tensed for the last 4 stampings that I have attended in India.
    VO: Came back after 5 mins. Is there any period that you were with current employer and not get paid.
    ME : No.
    VO: What is your job description.
    ME: Explained.
    VO: Is your greencard petition filed.
    ME: Yes.
    VO: Can I see your Approved labot and I-140.
    ME: I have approved labor, but, not approved I-140.
    VO: You are supposed to carry all the documents.
    ME: Blank face
    VO: Okay, your Visa is approved.
    ME: Thank you :-)

    NOTE: I would say if you don't have client letter and a photo id card from client and you won't have a valid visa currently, I would suggest attending visa interview at your home country.

    We went back to US Consulate to collect the passport at 3:30 pm, but, those were not ready.

    Agent dropped us back at Best western hotel in Matamoros, we stayed there that night. Don't eat at the hotel restaurant, that sucks. There is a very nice restaurant a block away from Hotel (Mexican), very very good food.

    Agent picked us back at 3:00 pm next day and took us to US Consulate. Got the passports with Visa stamped and headed to Port of Entry.

    Agent dropped us at Port of Entry and we walked across the bridge. There is a small gate when you enter US Geographical area on the bridge, where you need to 50Cents to enter(No need for Under aged children, I guess below 12yrs). Walked over to the port of entry office to get a new I-94. There is a big line, but, you don't need to be in the line, just walked into the first room skipping the line and keep waiting for one of the officers to call you next in spanish for your turn (Took about close to 4 hrs to get the I-94, once the officer is at the counter it's only 5 mins process. But, you won't see any officers coming to counter until the room is atleast 95% filled.

    After we got the new i-94 came outside and called agent to pick us. Agent dropped at the hotel. It's a big relief to be back in US.

    If anybody is driving, there is a check post 40/50 miles away from Brownsville where Boder protection agents check your immigration papers (took about 2 mins for me).

    If anybody have any questions, please let me know.

    Good luck.



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  • shree772000
    08-13 03:36 PM
    who is vld rao?

    His full name is venkateshwar rao.....:p





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  • nousername
    04-07 01:12 PM
    What the hell.. Can someone please explain this in plain English?

    AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)



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  • anilsal
    08-05 08:04 PM
    get relief from retrogression. Capture of unused visa numbers etc will make us ignore how many apps USCIS received.

    Good thing is that people will get interim benefits like EAD/AP.





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  • Siddharta
    09-26 12:02 AM
    1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?

    2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.

    3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?

    I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?

    Thanks





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  • ramci
    09-17 12:11 AM
    All,

    Please let me know your suggestion based on your experience.

    H1B Details
    H1B Entry in USA: 25-Mar-2007
    Applied for Extension: 16 Dec 2008
    RFE Received: April 2009
    RFE Responded: May 2009
    Denial Notice in USCIS Online System: 14-Sep-2009
    VISA & I-94 Expired: 25-May-2009

    Clarifications

    1. Can I apply for the H1B Transfer with another Company ? I got a offer from a Company and they would like to do the H1B transfer and they are stating that there are no issues for H1B Transfer though the Extension got denied.

    2.Since the H1B Denied, From When I have to stop working ? Is it after i receive my denial documents?

    4. If transfer is possible, Can I start working based on the H1B Transfer Receipt Notice ? or Should I wait for the H1B Transfer Approval Notice to work ?





    GooblyWoobly
    07-18 07:23 PM
    Even my case is similar. I requested my attorney to file my EAD and AP along with I-485 at the same time. But they did not apply for EAD and AP and but instead just filed I-485. Now they are saying they can't file for my EAD and AP until they get the I-485 receipt notice. What a mess??? Now I've pay lots of amount for EAD and AP. By the way my attroney is Murthy Law Firm. I bet yours would be the same

    Actually my attorney is not Murthy. It's my employer's attorney, and they are pretty good. It was a company decision not to file EAD/AP since we were sure at that time our application will get rejected. It was just a mean to get onto the lawsuit beneficiary.





    CRAZYMONK
    07-20 09:01 AM
    All they can do is stop your salary and not re leave you from the duties. Also the day you put in your papers, they might cancel your H1B, which jeopardizes your status. So prepare for this. File the H1 B first get the approval then quit. These days it is very hard to get the H1b Transfer done.

    They can't do any thing else. All the best.

    Hello Sir/Madam,

    I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.

    A brief info about me :

    1. I'm basically an employee of Wipro, India deputed in US on H1B.
    2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.

    My current issue :

    1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
    2. I Can give only 3 weeks of notice.

    Advice needed :

    1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
    2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?

    Your suggestions will do a world of good to me. Thank you in advance.

    Regards,
    Ineedhelp



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