Monday, June 13, 2011

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  • misfortune13
    03-16 08:49 PM
    I love joining to this forum





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  • abhi_jais
    12-03 11:35 PM
    I don't think consulate ask details of all employees if size is 5k or more. Further more you can tell officer that it is impossible to get wage details of all employee. I hear some time some desi companies gives w2 of all employees etc.. would consular officer show his/her w2 ? but since our desi companies feeding what they need , they ask what ever...

    In this case they did ask for the details of all the employees of the company, probably they want to make sure that the employer has hired some US citizens as well. The company size is about 500-1000 employees. Since they have asked for the employee detail the employer has to provide that information otherwise the employee would not be able to get the visa stamped.

    Let's see hoping for the best.





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  • venkat9
    03-10 09:13 AM
    Hi All,
    I just wanted to share my RFE regarding the "Experience Lettters"

    I got an RFE on 1/23/2008 "Evidence of experience must be in the form of letter(s) from current or former employer(s) giving the name, address, and title of the employer and a description of the experience of the alien, including specific dates of the employment and specific duties."

    The desi company that I worked for in US doesn't exist anymore. I got a affidavit from one of my ex-colleagues who is currently working for a company in INDIA.

    And it worked for me. My attorney sent the documents to USCIS @ NSC on 3/3 and we got an Approval Notice on 3/7.





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  • logiclife
    01-26 04:21 PM
    Also mention the points mentioned here by myself and Walden Pond. These are the apprehensions that many desis and chinese H1Bs have about raising their voice.

    There is nothing unethical or illegal going on in here. Please use these talking points to clear any fears or apprehensions that newcomers have about participating in something so basic and 100% legal and moral.

    Remember, we have a moral high ground when compared to illegals. And even illegals are not afraid as much as some of us are initially when thinking about volunteering or contributing. WE ARE LEGALS.

    And also remember one thing...silent observation from your cubicle is not going to help. DO NOT THINK for one second that silence is going to be rewarded. With silence, nothing will happen. Situation might worsen. By raising your voice there may be benefit but it might not hurt you. STAND UP. Raise your head about your CUBICLE and SPEAK UP. Speak with either with your keystrokes on the forums or with your wallet. Silence is NOT GOLDEN here and frankly...its in a democracy and on matters of public policy SILENCE SUCKS.

    --logiclife.



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  • va_labor2002
    06-16 01:22 PM
    Excellent idea. Please talk to the Core team.
    We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.

    Any comments from Core team ?





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  • Pallavi79
    02-24 12:23 PM
    The saga is Live Suspense Movie. :)



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  • viper673
    11-14 02:16 PM
    Hello guys,

    I e-filed my EAD renewal in July 3rd, did my FP in August 1 and I still don't have my card.

    I opened a Service Request last week since it's been way beyond the "regulatory" 90 days and I got a letter yesterday basically saying that "even though my case is serious, I didn't provide them with an extreme reason to expedite the issuing of the card". Then on a separate line they have: "pending security clearance".

    What in the world is an "extreme" reason to get my EAD renewed?? And why is it pending a security clearance if It's already been more than 120 days and it's a "renewal" -not a new card!!

    My original EAD expired in 8/10 (I never used it) and my H1B will expire in 1/21/2009.

    Anyone got the same thing? What can I do here?





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  • chanduv23
    07-31 05:33 PM
    I personally think, contacting lawyer for tracking number is not breach of contract.

    Try your HR first, give some time. Then sseend a decent reminder - tell them how important it is say ur wife has to travel etc...

    Then send some pleasant emails to lawyer office, call them. Copy your HR also.



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  • a_yaja
    10-01 09:37 PM
    Folks
    this is a Q for my Friend
    He was working at Lehman before the company filed for chapter 11

    ... He has been told that salary will be paid for 3 months

    Right now he is at home and looking for other offers and no H1b transfer has been started


    Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP

    thanks

    If this is severance pay, then he is NOT OK as he has been laid-off. He needs to get H1B transfer done ASAP. On the other hand, if he is going to be paid as per the usual pay cycle (e.g. - if regular pay roll cycle is weekly, bi-weekly or monthly and you friends gets paid as per the same cycle) over the next 3 months, then technically he is still employed and he is OK till he gets the last pay check.





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  • abheja
    12-21 07:29 PM
    I don't want you to freak out because my case is probably a very small fraction of the visa applications BUT since this thread is specifically related to PIMS, I thought I'd give you my example. Good news for you is, you are going to India. I was stuck in Canada not knowing long it might take for the PIMS to get updated. I ended up touring North Canada but I wish I could've traveled with a peace of mind.



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  • surabhi
    05-28 10:23 AM
    It should be from the date of approval, but USCIS seem to optimizing the process to make it valid from previous EAD expiry date

    see page 2 in the following link

    http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf

    relevant text is reproduced here

    Second, the Ombudsman recommended that USCIS issue Employment Authorization
    Documents valid as of the date any previoua EAD expires.


    USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.

    Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.

    Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.

    Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
    progress on this front.





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  • rajenk
    11-18 05:51 PM
    Team, My Labor is filed under PERM was Audited and now approved.

    For, Qualification it says Bachelor + No Experience
    However, in Skills section it says 5 years of experience in Software Development (.NET).

    I got Audited and was required to provide Business Justification for 5 years experience for software developer position.

    Can this be applied in EB2?

    Thanks!

    No body answered the OP. I will try to answer it.

    I think you are risking applying for EB2. I have had a very bad experience with attorney mishaps. You will be better off applying for EB3.

    If the qualification in labor was stated as Bachelor + 5 years in all places that would get you qualify straight to EB2



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  • ultimate_champ
    11-27 09:49 AM
    Thanks all. Appreciate it.

    I'll keep you updated what happens next.





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  • nashorn
    12-12 01:25 AM
    My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
    She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
    So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

    It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

    Moral of the story : take passport for FP, infopass, etc. all the time.

    Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

    lets see what happens at infopass.
    It's good to know.



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  • chanduv23
    11-01 07:37 PM
    More feedbacks help. Please post feedback if you attended the NJ meet





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  • leo2606
    08-09 08:51 PM
    He is ripping money out of you, where are you located?

    I just came back from doc..and he charged 400 dollars (xray will cost more in next few days. Anyways, he says he need to administer Tetnus 3 times (6 months apart).
    I am not sure what he will say in report (which i get in couple of days). But my question to you all is :

    When Shots are given with time lag, Is 485 processed normally or RFE happens or do USCIS just wait for all shots to be completed and submission of report by doc before they process anything?

    Please Reply



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  • GC_1000Watt
    01-05 03:02 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of 7.27.2.1. See me dilemma?

    This is really interesting. So consider this case gurus. If somebody has a valid H1B extension till say 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired?
    I will appreciate your thoughts on this.





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  • singhsa3
    07-18 02:27 PM
    I am also mad, people like these abuse the whole system.
    Sorry admin, I got mad at this guy.





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  • sreeanne
    01-02 06:37 PM
    I have few questions on filling AP document.

    1) What could be the best reason to write on 131 document. USCIS says it should be family emergency or business. I am going on family visit. If i write "Family visit" will it be a problem ie RFE from USCIS saying that reason for travel is not good or something else.

    2) I live in Phoenix, Arizona. Should i send 131 to texas service center or california. All my 485 & 140 were with TSC. Coz when i goes to USCIS website, Arizona state is not covered by TSC.

    Please reply.

    Thanks in advance
    sree





    alex99
    09-28 08:51 AM
    Please advice....





    GCeffect
    02-09 01:39 PM
    Both the H1b have the same president's name and address during the application. is that enough. As I left that company and have no good terms with the last company anymore I don't know what kind of proof I can get. Also during the H1b application for Company A I receive some paper from the compnay that mentioned that the payroll of Company B is processed by Company A. All my W2's are from company A even i was working for company B.

    Please advice



    You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.

    This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.



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