Wednesday, June 8, 2011

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  • chinta_ramesh
    08-21 11:57 AM
    It seems they want to make some progress before updating the dates :rolleyes:




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  • senthil1
    04-14 09:58 PM
    Even though your employer made you to fake your experience you accepted that. If your employer or anyone complaints about faking your experience you may be in serious trouble especially if you put USA experience. That could lead to fraud charge (In case if anyone reports to FBI) in extreme case. But I did not hear any cases like that in past because no one made formal complaint to government agencies.

    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?




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  • HOPE_GC_SOON
    05-04 10:49 AM
    Hi Immi2006:

    thanks for the update and analysis. But My 140 is approved in less than 20 days.. I donot work for MNC. Work for an American owned Company. Not sure, how much time it would take to reach 10/05 priority date for eb2.

    Let us hope for the best.. :rolleyes:

    Thanks,:)



    THose are labour filed.

    It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from immigration.com based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.

    One thing that emerges clear from the data pattern :

    Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average.
    140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.




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  • Suva
    10-02 02:25 PM
    What was the reason behind the RFE?

    I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
    here is the case history.
    LC-Feb-2005.
    I-140 filled march 2007
    I-485/EAD filled July-2007
    EAD approved/EAD card arrived 15 Sep 2007
    I-140 RFE August 2007(A2P)
    I-140 denied 27th Sep 2007.
    my question is,
    what are the options do I have?
    my employer is talking about appeal.
    since the original I-140 is denied will the 485/EAD will get cancelled too?
    is there any way to port the LC date?
    what are the chances of appeal/approval?
    employer is in good standing(financially).
    any suggestions,input will be highly appreciated.
    thanks



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  • EB3_SEP04
    07-01 07:37 PM
    Hi All,

    I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.

    Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.

    Preferred Vendor X > the Client C

    Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?

    Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

    Can he do so? - Theoratically yes, practically: highly unlikely.
    if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
    - a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
    -many consulting companies do not pay salary while the guy is on "bench"
    - they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

    - a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

    In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

    bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

    Good luck buddy!




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  • immi2006
    10-21 11:48 PM
    Husband + Wife - 1 Application

    Wife - Seperate Appln. ( Will do follow to join incase by chance the first one gets stuck



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  • pak
    07-20 10:29 AM
    Go to maxico but getting visa of Mexico from US is difficult on B1/B2. Canadian visa for her on B1/B2 visa is impossible. Check and call other near by countries visa consulate as well as US consular visa officer for the availibility of dates of H4 visa interview.
    Hope you will find the solution.




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  • ssnd03
    03-04 02:57 PM
    Finally some sanity on FBI Namecheck from the DHS head honcho Michael Chertoff. He is now saying things which everybody has been screaming for the last three four years. I have highlighted those. But it does take that long for wheels to turn even in the most liberal democracy.



    Question: Mr. Secretary, you had, at the very beginning, laid out some great progress that's been made in terms of preventing bad people from getting in. And part of the Homeland Security mission, which is a challenging one, is that while you are responsible for protecting against bad things, you're also responsible for facilitating good things. And be that the flow of people, in this case, USCIS is responsible for that for the department. They've begun a $3.5 billion transformation. And I'm hoping you could speak to that in two ways. What's your concept of success in that, in terms of the national security part of it, the operational excellence part of it, and customer service part of it?



    Secretary Chertoff: Three -- two main things. One is, we have to move from a paper-based system to a totally electronically-based system. We still have too much paper, and it's hard to track, it's hard to manage, and it takes a lot of time.



    The second piece is, I want to rebuild -- re-engineer the system in a couple of ways. One is, and the most urgent, is to deal with the background check problem. It just takes way too long for the Bureau to complete background checks for a small but a significant number of people. The majority of people -- you know, if the name doesn't pop up on anything in the -- it's pretty quick. But for a small number -- but still significant, and certainly to the individual, significant -- if their name crops up and it's an older case, and it's in a file somewhere, someone has got to hunt it down. And to be perfectly honest, that is not a top priority job for an agent, is to go through an old paper record sitting in a warehouse.



    Looking forward as we go electronically, and as the Bureau goes electronically, that problem will diminish. But looking backwards we have to re-engineer the system to be a little tougher. And one of the things we did, for example, with the green cards was we said, for background checks that took longer than six months, we would give you a green card, and then if it turned out the background check later revealed a problem, we would take the green card away.



    Now why did we do that -- because I got criticized, �Oh, you're sacrificing national security.� Here's why. First of all, if you haven't been -- if it's going to take longer than six months, it's clear that you're not on a Terrorist Watch List, you haven't been convicted of a crime, you haven't been indicted for a crime. In other words, most of the major things you would worry about -- it's a very easy thing to determine whether you've had a problem or not. What you're not going to get in that six months is the guy whose name came up in a file somewhere. And the vast majority of those are benign mentions.



    Secondly, you're here. If you're going to do something bad, you're still here legally. The green card -- it's not like we're bringing you in from overseas. So if you think about it logically, the risk of giving you the green card with the understanding that it can be pulled away if something turns up, it's a minimal risk. It's a minimal, marginal risk. Whereas the customer service value of giving someone the green card is high. That's an example of trying to be more cost-benefit in the system.

    See
    http://www.aila.org/content/default.aspx?docid=24818



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  • felix31
    01-17 01:43 PM
    Here is what we did..

    It was back in 2000. We filed my husbands taxes as single. Then we filed W7 and mailed it. Some 3 months later I received ITIN. With that we filed amended return adding me and that was it. Everything is straightforward since then.




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  • satyasaich
    05-01 01:36 PM
    If you carefully see the qualifying options for an emergency appointment (who stays and currently working in US can easily qualify) , we can chose the earliest available date at any of the centers like Mumbai/ New Delhi/ Kolkata/Chennai. But the catch is first of all you have to entrust someone in india to go to HDFC bank to pay the fee and get the receipt number.
    Remember, the most important thing is YOU must carry that ORIGINAL PAYMENT SLIP along with all of your documents.

    Without paying the fee first, there is no way to book an appointment and remember it takes about 48 hours to activate the receipt number for the fee paid, in to the web site & backend system they use to tally that you have actually paid. once you enter your passport number and fee payment receipt number, they both will be tallied against a database

    Recently one of my good friend had a major issue, because he took a fax copy of the payment receipt, and believe me got in to a big trouble. (Ofcourse, they honored finally after hours of argument and gave him the visa extension)

    Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).



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  • amitkhare77
    11-17 01:29 PM
    Yes you need the I-94 attached with I-797 in order to apply for change of status (H1 to H4). your employer can not keep I-797. Just tell your employer that you need to apply SSN and you need I-797.
    Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?

    Arpu




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  • hyderabad123
    01-04 01:51 PM
    Hi Chris,

    I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.

    Thanks in advance



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  • dilipb
    04-21 03:20 PM
    This query is for a friend of mine.

    His labor and 140 was pre-approved.
    In jun 2007 he applied for 485 / EAD and AP.
    He got EAD, is working on it.
    He also used AP to go to india and back.
    His H1 is already expired this month.

    All he has is a new AP based new i94 which expires on the day his EAD expires.

    Now his drivers license is expiring.
    Does anyone know the documents he will be required to submit to DL center to get DL extended.

    Also the most important thing is, can the DL somehow be extended for more than 1 year. Because doing this every year is a pain.

    Thanks in advance.




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  • titu1972
    03-15 08:36 AM
    Exception 4 to the list above
    ----------------------------
    The exceptions under no. 1.) apply. In addition, please note:
    Indian and Turkish airport transit travelers who

    - are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit

    or

    - after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold

    do not need an airport transit visa.



    If you are still in doubt whether you need an airport transit visa, do not hesitate to call the German mission which serves your place of residence in the US.
    Although this information has been prepared with utmost care, the we can not accept any responsibility for inaccuracies contained herein.



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  • xela
    06-14 11:56 AM
    I just checked on my service request and after 2 weeks they still have not done anything, no updates on case no fp notice nothing since April 30th...and here they received it on April 16th....

    I am not sure i need a fp notice, I simply hoped that they would look at the EAd if I put in a service request, because they have been sitting on it

    I also was told by this lady that the 90 days turnaround of EADs is just an estimate and I need to wait 45 days for a response on my service request....well i am on 60 days for EAd now so 60 plus 45 thats 105 and I cannot afford them messing around this long!!!!!


    :confused:




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  • Asian
    12-07 01:15 PM
    When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?

    In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?

    This is a different question. Is the government job also regarded as cap exempt non profit?

    Thank you very much for your help! Our immigration gods bless you!

    Best,


    Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.



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  • kaisersose
    10-12 08:47 AM
    Dear experts.. Need your advise..

    I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries

    1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )

    2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?

    3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?

    Assuming applying L1 is not going to be invalidate my H1 papers,
    4) If I go for L1 stamping, will it invalidate my H1-B papers?

    5) If I come to US on L1, is it possible to change status to H1?

    Any help will be greatly appreciated.


    1) Possibly.

    2) The visa wil lbe given for the validity of the petition. But for your clock to reset, do not enter the US until it is a full year after you left. .

    3) Just applying will generally not do anything since you have not yet joined the H employer. You will have a choice at the port of entry to pick a visa. It is possible the other visa may be canceled at the port of entry.

    4) Answered in 3

    5) Yes. You can take your chances wth next year's lottery or you can travel outside and enter with your H visa. I would say do not get your H stamped yet. Save it for an emergency. That way there is no risk of it getting canceled because you used a L.




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  • srkamath
    07-16 05:39 PM
    Is there offered salary criteria associated with this category?
    Yes, salary offered MUST be greater than the wage requirement for that position as determined by DOL. You can also find out the min wage requirement yourself. First determine the minimum requirements of the position for edu and exp, supervisory etc, then calculate the SVP level (specific vocational preparation i think) SVP will be in the 6 to 10 range. From the DOL website, find the SVP to wage level correlation for your occupation, wage levels are I, II, III, IV. Generally, EB2 positions will end up with SVP of at least 7 to 8 depending on occupation, when most often is at least Level II and over for wage.

    Clear as mud??, i hope i have explained it well ...




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  • greenlight
    02-18 03:50 PM
    Last Up Date

    Thanks Lasantha and prinve.
    Now how and where do I check LUD?




    rajenk
    08-19 04:25 PM
    All,

    To add to the question of doubt. I have received FP (Biometrics) appointment notice on Saturday!!

    When USCIS will come out of this confused messy Spaghetti handling!!!

    Thanks
    Raj




    paskal
    07-20 08:33 PM
    a link that says 485 filing needs tax returns.
    please see the official instructions with the 485 form and note what is actually asked for- it's not much- and no W2 or tax returns are mentioned.



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