Sunday, June 26, 2011

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  • tampacoolie
    07-14 07:15 PM
    We can send him H1B or immigration law book to him to read it.





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  • nat23
    06-14 05:44 PM
    ^^^^^





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  • sanagani
    06-11 11:38 AM
    Wanted to see if there is a provision to call the lockbox facility or uscis to enquire on the status of the application.
    i am worried since i have not seen any activity on this for about a 4 weeks now.
    please advise.

    Do not worry, yesterday my application was sent back saying asking for i-485 receipt as i had initially sent them I-485 transfer notice ,my application was mailed to phoenix mailbox on 5/7/10 so yes they are taking longer time ...but you should see some kind of activity for sure..do not worry





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  • maverick_neo
    08-14 02:13 PM
    I am in a similar position and am going to wait till the end of the year for the AP. I am hoping to be able to go for the H1B stamping with the AP. So if there is any problem with the H1 I can atleast re-enter using the AP. Its a nice backup...

    What if your AP does not come until July next year ? Are you planning to wait until then to travel ?



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  • gc28262
    12-11 09:12 AM
    Has anyone contacted the ACLU of Texas on this? This is unrelated but they have been active on such fronts:
    http://www.aclu.org/immigrants/discrim/36876prs20080922.html

    ACLU site is a good one. It has tips on how to campaign, how to write letters to your representative etc

    Browsing this site would be quite useful for IV members. Maybe IV should have something similar on this site.





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  • Canadian_Dream
    11-12 10:15 PM
    Hi,
    The question I have is : where to return my I-94 (expired and the extended one that came with I797) when I leave by LAND as there are no "US CBP agents/office" when we leave US by land. I went through US CBP website and find that there is a process to send I-94 after leaving the country to "ACS - CBP SBU , KY".
    Unfortunately as I will be entering as a Canadian PR, there will not be any stamp in my passport to record my entry to Canada and hence won't be able to prove to "ACS - CBP SBU , KY" my date of departure from US. The reason I am worried is that I don't want to get in to any overstay issues if I need to come to US in future.
    Thanks in advance.

    When you handover your I-94 to the airline staff there is no recorded evidence of when you handed it over, there is no date stamp per se. Some airlines will not even take it out, esp. if you are travelling to Canada unless you ask them to. Also there is no gurantee that when airlines collect the I-94 it will indeed reach CBP at KY. As far as the entry stamp of the country you are visiting/moving that may not be clear enough to show that dates and some countries will not even stamp passport if you are a PR. Besides USCIS might or might accept it as an evidence of departure. US and Canada do not stamp the passport upon entry for Permanent residents.
    The point of all this is, there is no certain way of showing that you have departed with-in the duration of stay. Sometimes USCIS takes boarding pass as the evidence. I think you should just take it easy, go to Canada and send the I-94 that is acctached to your H1-B on the same day with a post mark and make a copy of the receipt etc. That post mark from Canada is an evidence that you were actually in Canada mailing the damn I-94 on your first day of arrival. Other evidences could be the entry receipt of the Car that you will be taking to Canada (not sure about this though).



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  • xingeng
    08-21 11:41 AM
    Sent to NE on July 2, and transfered to TX. Got the checks cashed last friday.





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  • h1vegas
    04-21 03:21 PM
    H.R. 1791:
    111th Congress
    2009-2010
    STAPLE Act
    To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.

    http://www.govtrack.us/congress/bill.xpd?bill=h111-1791



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  • softcrowd
    01-07 12:04 PM
    It's very unfortunate! But I don't think other Indian IT companies (or Indian s/w industry in general) are in trouble! Which country does n't have its own share of such incidents?.....US also has seen it's own Enron & WorldComs!!





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  • pd_recapturing
    10-02 12:00 PM
    I am planning to leave my current employer and move to a different one. I have got my I-140 approved under EB3 category from the current employer. While moving to the new employer, I want to retain my priority dates. I would like to know what kind of documents are needed in order to do the same. I am presuming that a copy of I-140 approval notice would be needed from current employer that I am sure that my current employer would not give me. So what is my chance in this case? is there any way, I can get it from USCIS? Has anybody got it successfully from other than the employer? Are there any other documents , I need from my current employer. Please suggest.



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  • wandmaker
    02-11 05:31 PM
    How about, those who made incorrect predictions to pay $50 to IV?:D





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  • solaris27
    02-10 01:32 PM
    yes - if everything goes well

    no - if USCIS person was not in good mood .



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  • uma001
    07-26 02:18 PM
    LONGGCQUE,

    Thanks for putting this information. That will be very useful for everybody.

    Guys, I wanted to circle back and update you on the results. My I140 was approved today and this is what i had submitted as alternate evidence. Hope someone else will benefit from the details I am putting here.
    Thanks to you all who took time to reply and assist me on this issue.

    Documents submitted:
    > Experience letter non-availability as an affidavit mentioning that we tried but previous employer did not provide the letter.
    > Email trail of communication with ex-employer detailing communication asking for exp. letter.
    > 2 affidavits from previous co-workers detailing job responsibilities, skills, dates employed together.
    > For 63 months of last employer experience, paystubs, W2's, Indian Form 16's, Indian IT returns, yearly appraisal letters, other evidence related to employment(not all but whatever was available).

    RFE was :
    Asked for evidence to prove 60 months of experience as listed in PERM.

    Enjoy and good luck :-)





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  • TomTancredo
    01-10 05:25 PM
    If the other guy worked for the company atleast 180 days, then your employer cannot prove that he had no intention to work for the company. If the guy worked for only a short time or didn't work at all for the company, then the company can win the case.

    The greencard of the other person will be rescinded. You can then use his labor.

    We dont know all the details of the case. If the person who got 485 approved worked for more than 180 days for the sponsering employer.



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  • seaken75
    07-17 12:33 AM
    My wife is currently pregnant and so she could not take all the vaccinations that are required. She did the other required medicals though. Will this cause our applications to be denied? Will they allow my wife to get the shots after our baby is born?





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  • bsbawa10
    01-06 05:16 PM
    I now applied for EAD for my wife (not because she is going to work, just go get SSN). I do plan to get SSN for her and then file amended 2008 return. I wonder if I will get stimulas package then (the one which was given in 2008)?



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  • GCIsLuck
    10-05 02:31 PM
    No relation between these IRS checks and 485 process

    sssss.. lot of relief now.

    well I got the tax guidelines aloong with the audit and it mentioned 3 years





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  • H1bEmployer
    09-16 02:33 PM
    Folks,

    We have a Consulting Firm Run Professionally. Little about me, Have been in the country for past 12 Years. Came up the Ranks via Consulting Firm like many of you.

    Some Facts & Disclosure..

    I am not Here to Hire Folks, just to voice my Opinion. Something that People on H1b should hear from Employers View as well. There is lots of Information to go around, from Consultants, who been here for few years to new folks who come to USA. Mostly its just Bad news for the new comers... Welcome to Bload Sucking Desi Consulting Firm.. Welcome to New Jersey.. or where ever you may land.. You get the point.

    I am not here as Voice of Rest of Employers.. Just Pointing things out as I See it..


    OK.. here we go..

    Most of the employers, HATE doing Percentage bases. Give any employer a choice, between doing working on 70/30 or 80/20 or with a Stright Salary... 99% would be willing to work on Straight Salary Basis. Because that's what is Required by the Law. Simple as that.

    I do Agree that there are lot of employers, who don't pay on Bench. WE DO. Here is what has happened very recently with our employees.. Few of our Employees have QUIT because we refused to do % Basis & these are the guys who came 6 months ago on new H1b. I would understand the Senior Employees Who have been with us for say 2-3 years ask for % basis Pay.
    Now We are in a situation where we have Agree on % Basis Pay as a Company Wide Policy & then offer is to all our employees.. But that puts us on odd with Department of Labor. Which Madates every H1B employee to be on staight Salary basis.

    You tell us what are our Options.. Either we Fire/lose employees who want % Basis pay.. just because their peers are getting it (EVEN If it is ILLEGAL )

    We Don't Charge a Penny for a H1b, We foot the Bill.. Just as an Example we LOST 32,000 This year, just in Lawyer fees for H1b's not selected in the lottery.. I Know & Fully Understand that its a Cost of doing Business..
    Now, if we go on % Basis, our whole model changes... Because, There is Cost of Doing business, Managing Employees, Marketing, H1b, Greencard, Full Pay on Bench, & Last but not least Profit.

    So if i have put employees on % Basis, that means We as company are making Hardly anything. Which means, we have to charge new h1bs, for at-least Lawyer fees.. What if it does not get selected, what do we do. Refund the money, Then whats a point of taking the money in the first place.

    We WANT to pay on bench, because most people normally do find a project in 30-45 days, Provided they are Technically sound.
    With Percentage Basis, We can't do that.. Since the Employee has chosen to work on Hourly.. No Work No Pay.

    What should we do for Holidays .. Again No Work- No Pay..

    We have done the Calculations.. Believe me.. There is Hardly any Difference Between % Pay & Straight Salary if you account the following at the end of year...

    -- Medical & Dental Insurance.
    -- Expense of Relocation, Moving your Apt, Car & Staying in Hotel for a week before you find a place to crash
    -- No Bench Pay, No US Holiday Pay, No Sick Leave
    -- No Pay for Vacation, Unless you don't Believe in Vacation.
    -- No Green Card
    -- No H1b Extension.. You would have to foot the bill at the end of your 3 year term on H1b.

    When you account for the above.. you tell me..

    We don't want our employees to take the Above risk.. believe me I have try to make these guys understand & have reasoned with them.. Provided with Financial Calculations..

    What do (Some) of our employees see.... Just a Few Bucks more... Nothing else..


    So I am going to let you guys Answer this Question...

    Who is making us Going on the EVIL-DESI-Consulting-Path ?

    Thanks





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  • crazyAbtUS
    11-28 01:09 PM
    Hi guys
    on weekend i got email abt my I140 has RFE.Message saying they mailed on Nov14.i am expecting letter to attorny or emplyer in 2 weeks.
    My pd is 2002 Dec. and my Company got merged last year to new company, i have 3year degree and 1plus year diploma which is equal to B.S computer science, when my employer did Education Evalution.

    I am expecting 2 Queries
    1) when company merge they may ask Company tax returns for current year.
    2) or they want again Education Evalution

    Hey "gcphul", Any update buddy on you RFE ?? Also was your 140 filed by your older company (before merger) or by the new one?

    Any info will be helpfull..





    goel_ar
    05-11 03:57 PM
    Below is data of PD from last four years for EB2-I - only for Jun, Jul & Aug.
    Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
    Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?

    Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
    Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
    Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
    Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
    Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?





    ramus
    07-05 08:56 PM
    This thread is getting lost.. Lets keep this thread on top.

    When you send this message please make sure you put your complete name, address, email and phone number at the bottom.. If you don't how come somebody can get in touch with us...



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