pd_recapturing
07-01 02:22 PM
For AC21 , Ron is the man !!! He is a strong supporter of AC21 law. He just charged you 500 bucks for AC21 but gives you million dollar worth of peace of mind.
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jk333
09-19 03:11 PM
Hi IV core and Volunteers,
Thanks for the outstanding effort in organizing this rally.
Am really proud to be part of this community.
Thanks for the outstanding effort in organizing this rally.
Am really proud to be part of this community.
sammyb
11-19 10:24 AM
Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
good hear the news ... now you are a free bird ... :)
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
good hear the news ... now you are a free bird ... :)
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snram4
01-18 02:48 PM
Useful info from Murthy.com
If anyone faces similar situation they should try to withdraw to avoid 5 year ban
The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India (or other home countries), and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of "employer" and "employee" particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.
�MurthyDotCom
We will need to review the events and the USCIS's evolving definitions of relevant laws to determine short, intermediate, as well as long-term lawful solutions to deal with this issue. If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States. If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one's own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.
�MurthyDotCom
We at the Murthy Law Firm will continue to share useful information that we believe will help you to plan your travel or when you change H1B employers.
Things are getting worse in 2010... I hoped it would get better...
If anyone faces similar situation they should try to withdraw to avoid 5 year ban
The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India (or other home countries), and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of "employer" and "employee" particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.
�MurthyDotCom
We will need to review the events and the USCIS's evolving definitions of relevant laws to determine short, intermediate, as well as long-term lawful solutions to deal with this issue. If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States. If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one's own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.
�MurthyDotCom
We at the Murthy Law Firm will continue to share useful information that we believe will help you to plan your travel or when you change H1B employers.
Things are getting worse in 2010... I hoped it would get better...
more...
kumar1
08-04 09:12 AM
Myht 1: If I-485 gets denied I have H1-B to as a back up.
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
sjax
04-17 03:40 PM
Applied for H1 extension at Vermont (Premium Processing).
working for the same client for more than 3 years.
Submitted paystubs, timesheets, w2 etc for RFE..
But still rejected the petition saying he needs a letter from client describing my job duites and responsibilities etc.
Now filing for a motion....
working for the same client for more than 3 years.
Submitted paystubs, timesheets, w2 etc for RFE..
But still rejected the petition saying he needs a letter from client describing my job duites and responsibilities etc.
Now filing for a motion....
more...
uma001
06-18 03:43 PM
How many of years of experience is required for this position. Does it require 10 years of experience. Usually USCIS asks for exp.letters for those years that are mentioned in the requirement. I dont know why they are asking for all 60 months .
Gurus/Experts,
First of all, thanks for your time and any suggestions you can provide for me to handle my case.
Here are the details:
- I am employed with a mid-size consulting/services company.
- Perm approved in EB2 and I140 filed 11/2009. I have a BE degree and 9 yrs of progressive experience before perm filing.
- Earlier this month I received an RFE asking for '60 months of exp before labor filing in form of document from current or previous employer'
- All my EB2 qualifying experience is with previous employer(a top 10 Indian IT company) as labor was filed by my current employer the same month i joined them. I was with them for 5.5 yrs
Problem:
- I was on an onsite deputation from Indian company. Before leaving for US they make you sign a bond of approx $10k and the condition is for you to return back and resign. I know that as per US laws this is not enforceable but in India this very much stands true and if you wish to fight it out you need to go thru legal systems, may not be worth the time and energy dealing with a big corporation.
- Considering the heavy amount being asked i had decided not to close my case with them as there was no impact working here in US.
- Now I need an experience letter and they are taking there own time to process my case. I doubt I can get exp. letter from them before due date of my RFE.
Possible solutions based on my knowledge:
- Get a letter on previous company letterhead from some known manager. Contacted some managers but no one seems to willing to do this.
- Get affidavits from co-workers who worked with me during the time. Already have them and had submitted to company lawyer alongwith previous co. offer letter, yearly appraisal letters and last few pay stubs. Basically, everything to prove my 5.5 yrs of work exp. was provided with the only exception of an exp. letter from previous company on its letter head.
Has anyone of you came across this scenario? How did you handle this and what papers did you provide ? Please share your experience and suggestions.
Thanks again for your time.
Gurus/Experts,
First of all, thanks for your time and any suggestions you can provide for me to handle my case.
Here are the details:
- I am employed with a mid-size consulting/services company.
- Perm approved in EB2 and I140 filed 11/2009. I have a BE degree and 9 yrs of progressive experience before perm filing.
- Earlier this month I received an RFE asking for '60 months of exp before labor filing in form of document from current or previous employer'
- All my EB2 qualifying experience is with previous employer(a top 10 Indian IT company) as labor was filed by my current employer the same month i joined them. I was with them for 5.5 yrs
Problem:
- I was on an onsite deputation from Indian company. Before leaving for US they make you sign a bond of approx $10k and the condition is for you to return back and resign. I know that as per US laws this is not enforceable but in India this very much stands true and if you wish to fight it out you need to go thru legal systems, may not be worth the time and energy dealing with a big corporation.
- Considering the heavy amount being asked i had decided not to close my case with them as there was no impact working here in US.
- Now I need an experience letter and they are taking there own time to process my case. I doubt I can get exp. letter from them before due date of my RFE.
Possible solutions based on my knowledge:
- Get a letter on previous company letterhead from some known manager. Contacted some managers but no one seems to willing to do this.
- Get affidavits from co-workers who worked with me during the time. Already have them and had submitted to company lawyer alongwith previous co. offer letter, yearly appraisal letters and last few pay stubs. Basically, everything to prove my 5.5 yrs of work exp. was provided with the only exception of an exp. letter from previous company on its letter head.
Has anyone of you came across this scenario? How did you handle this and what papers did you provide ? Please share your experience and suggestions.
Thanks again for your time.
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sys_manus
11-15 12:34 PM
That is because I see lot of kids come to "what was the name again" schools with megre or no GRE scores just to land here once they get to OPT they get 8 - 10 yrs of experience out of nowhere and they are out in the job market. I can spend all day writing about them, the school and the quality of education but it is not going to do any difference.
more...
anurakt
10-04 10:13 AM
Hi all,
Thanks for the responses and sorry for Confusions..
I am giving the scenario more clearly..
My name Before mariz is"Venkata Naga Sunita" surname: "Prachina" (changed identity).
After mariz surname changed to "Naveena".
When I applied for H4 alongwith my husband's H1B, I had my passport with old surname(Prachina). That passport got stamped for H4. Later I got another passport with surname changed(Naveena). At this point, I have one passport of old surname with H4 stamp and another passport with new surname.
While entering into US this January, on I-94, I wrote "Venkata Naga Sunita" Last name: "Naveena". In March, DMV ppl told me that the name in the I-94 should match with Visa". When, I applied for H1B in May with this new surname and attached this I-94 that has new surname "Naveena".
During H1B processing, I had to visit my home country on emergency purpose and got approval of H1B on Sept 7th, which is valid only from Oct 2nd. I re-entered to US on Sept10th and wrote my last name as "Prachina" on I-94(to match with current H4 Visa with which I am entering US). When I recived my papers this week, I was happy to see that my Change of Status is approved and surprised to see that my name on the I-797 and attached I-94 is printed as "Sunita V" Last Name:"Naveena".
Now, the I-94 number and name that are present on my I-797 are not matching that are attached to my passport. Is this OK or going to create any problems in future(SSN or stamping)..
This is better to understand :
I think you have two situations here :
1. When you entered the US , you gave a name as "Prachina" instead of "Naveena" , why did you do this ?
2.INS Made a mistake on the 797 , this you ask them to correct . Also you have so many names in your nake that it's very uncommon. The computers don't have four fields to put your name ..thus your actual last name got replaced.....
Again all said, please refer an attorney in this matter.
Thanks for the responses and sorry for Confusions..
I am giving the scenario more clearly..
My name Before mariz is"Venkata Naga Sunita" surname: "Prachina" (changed identity).
After mariz surname changed to "Naveena".
When I applied for H4 alongwith my husband's H1B, I had my passport with old surname(Prachina). That passport got stamped for H4. Later I got another passport with surname changed(Naveena). At this point, I have one passport of old surname with H4 stamp and another passport with new surname.
While entering into US this January, on I-94, I wrote "Venkata Naga Sunita" Last name: "Naveena". In March, DMV ppl told me that the name in the I-94 should match with Visa". When, I applied for H1B in May with this new surname and attached this I-94 that has new surname "Naveena".
During H1B processing, I had to visit my home country on emergency purpose and got approval of H1B on Sept 7th, which is valid only from Oct 2nd. I re-entered to US on Sept10th and wrote my last name as "Prachina" on I-94(to match with current H4 Visa with which I am entering US). When I recived my papers this week, I was happy to see that my Change of Status is approved and surprised to see that my name on the I-797 and attached I-94 is printed as "Sunita V" Last Name:"Naveena".
Now, the I-94 number and name that are present on my I-797 are not matching that are attached to my passport. Is this OK or going to create any problems in future(SSN or stamping)..
This is better to understand :
I think you have two situations here :
1. When you entered the US , you gave a name as "Prachina" instead of "Naveena" , why did you do this ?
2.INS Made a mistake on the 797 , this you ask them to correct . Also you have so many names in your nake that it's very uncommon. The computers don't have four fields to put your name ..thus your actual last name got replaced.....
Again all said, please refer an attorney in this matter.
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conomav
09-11 01:09 PM
My file is also sent to des moines IA. been there since june 08.
PD is current for a while. no updates yet.
PD is current for a while. no updates yet.
more...
webm
10-03 01:29 PM
Myself/spouse FP done on 09/05/07 and I-485 LUD changed twice, the day we gave fingerprint and one day after .
Just in case...
Just in case...
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anjali.pap
03-24 06:33 AM
i am looking for oracle DBA openings. ,anywhere in US
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Wendyzhu77
12-24 09:40 PM
Please kindly remind your friend to withdraw the EB3 485, and file marriage based 485 instead. There is absolutely no need for him to waste a precious EB quota. And, it is believed that marriage based 485 passes NC much faster.
I recently came across an old friend of mine. I was shocked to hear his case. He is an original applicant EB3 India with PD of September 1998. Please note he is the original applicant and this is not labor substitution.
Here are the details
Sep 1998 : Applied with Texas Workforce Commision as regular Non RIR.
Oct 2001: TWC asked to do recruitment. No action was taken on submitting results.
October 2006 : Labor finally approved from Dallas BEC. Concurrently file I 140 and I 485.
Jan 2007 : I 140 approved.
Nov 2007: Took Infopass appointment. Was told case pending name check.
This case is absolutely amazing. My friend doesnt care anymore since he recently married US citizen (genuine case ABCD). He has worked at the same company since 1998 and stuck to stupid job (non IT). My PD is August 2001 and seeing his case I am getting mentally prepared for much much longer wait.
Thanks
I recently came across an old friend of mine. I was shocked to hear his case. He is an original applicant EB3 India with PD of September 1998. Please note he is the original applicant and this is not labor substitution.
Here are the details
Sep 1998 : Applied with Texas Workforce Commision as regular Non RIR.
Oct 2001: TWC asked to do recruitment. No action was taken on submitting results.
October 2006 : Labor finally approved from Dallas BEC. Concurrently file I 140 and I 485.
Jan 2007 : I 140 approved.
Nov 2007: Took Infopass appointment. Was told case pending name check.
This case is absolutely amazing. My friend doesnt care anymore since he recently married US citizen (genuine case ABCD). He has worked at the same company since 1998 and stuck to stupid job (non IT). My PD is August 2001 and seeing his case I am getting mentally prepared for much much longer wait.
Thanks
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tv25
09-16 04:18 PM
This waiver seems to be for Citizens and Green card holders right?
I have applied for 485 is this waiver applicable to me. Any thoughts?
I have applied for 485 is this waiver applicable to me. Any thoughts?
more...
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Suva
07-19 04:17 PM
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hankles
01-27 12:02 PM
And one more
-------------------------
Hello,
I'm with BCI, and I was curious if you or someone from your professional network might be interested in this opportunity:
Title: Senior C++ Developer (Job Order: DM0556-001-811)
Location: Chicago, IL
Responsibilities:
Proprietary trading firm focused on the application of advanced quantitative/algorithmic trading methods in financial markets seeks a Senior C++ Developer to assist in their high frequency trading operations. Current members of the team include experts in statistical modeling/machine learning/computer science/software development.
The primary responsibilities of this role will be to aid in research efforts.
They use Microsoft Windows, Visual C++, MFC and STL.
Experience:
Minimum 2-5+ years industry experience required
BS or MS in Computer Science is required
Strong background in object oriented programming/software development required
Programming using Visual C++ and MFC required
Experience with SQL and C# is a strong plus
Experience with any of the following would be strongly preferred: real-time systems/code optimization/numerical methods/scientific computing
Scripting experience using Python a plus
If you are interested in this opening, please email us a copy of your resume as an MS Word attachment.
-------------------------
-------------------------
Hello,
I'm with BCI, and I was curious if you or someone from your professional network might be interested in this opportunity:
Title: Senior C++ Developer (Job Order: DM0556-001-811)
Location: Chicago, IL
Responsibilities:
Proprietary trading firm focused on the application of advanced quantitative/algorithmic trading methods in financial markets seeks a Senior C++ Developer to assist in their high frequency trading operations. Current members of the team include experts in statistical modeling/machine learning/computer science/software development.
The primary responsibilities of this role will be to aid in research efforts.
They use Microsoft Windows, Visual C++, MFC and STL.
Experience:
Minimum 2-5+ years industry experience required
BS or MS in Computer Science is required
Strong background in object oriented programming/software development required
Programming using Visual C++ and MFC required
Experience with SQL and C# is a strong plus
Experience with any of the following would be strongly preferred: real-time systems/code optimization/numerical methods/scientific computing
Scripting experience using Python a plus
If you are interested in this opening, please email us a copy of your resume as an MS Word attachment.
-------------------------
more...
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h12gc
10-16 02:51 PM
Hi Guys,
My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.
I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"
In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. � Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."
She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works
Thanks in advance
h12gc
My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.
I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"
In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. � Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."
She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works
Thanks in advance
h12gc
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meridiani.planum
07-16 03:03 AM
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
"possibility of retrogression"???? thats sounding like a weather forecast. :)
lets have a specific prediction here. Can you pick an year and month for EB2-India for the October 2008 Visa Bulletin (start of new fiscal year)?
Ron Gotcher believes EB2-India will be somewhere at 2002/2003.
"possibility of retrogression"???? thats sounding like a weather forecast. :)
lets have a specific prediction here. Can you pick an year and month for EB2-India for the October 2008 Visa Bulletin (start of new fiscal year)?
Ron Gotcher believes EB2-India will be somewhere at 2002/2003.
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polapragada
10-14 01:09 PM
2 months movement for for EB2-I to June 2003. EB3-I 3 months.
http://mumbai.usconsulate.gov/cut_off_dates.html
India
E1 Current
E2 1 June 2003
E3 1 October 2001
Let us hope dates move forward in December.
Now a days INDIA is faster than US;)
http://mumbai.usconsulate.gov/cut_off_dates.html
India
E1 Current
E2 1 June 2003
E3 1 October 2001
Let us hope dates move forward in December.
Now a days INDIA is faster than US;)
NolaIndian32
02-12 01:09 PM
I would like to request that at least 1 or 2 Senior Members be part of the Coorinator Group so that I can run ideas by you to get this started. Any takers?
I am running the Mardi Gras Half Marathon in 2 weeks time, and will be wearing my IV T Shirt (Legal Immigrants Rock). I would love to hear from everyone who supports this initiative.
I am running the Mardi Gras Half Marathon in 2 weeks time, and will be wearing my IV T Shirt (Legal Immigrants Rock). I would love to hear from everyone who supports this initiative.
gc28262
09-22 12:20 PM
Anyways we never expected this to be an easy one.
Let us keep trying.
Maybe we should do behind the scenes action through state chapters instead of this public forum.
Let us keep trying.
Maybe we should do behind the scenes action through state chapters instead of this public forum.
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